Ga. Code § 10-13B-3

Current through 2023-2024 Legislative Session Chapter 709
Section 10-13B-3 - Bar to litigation by state-wide opioid settlement; exception; effective date
(a) Entry into a state-wide opioid settlement agreement shall serve to bar any and all past, present, or future claims on behalf of any governmental entity seeking to recover against any business or person that is a released entity under the terms of the relevant settlement. Such bar shall apply to any and all released claims or suits by any governmental entity created by or pursuant to an Act of the General Assembly, the Constitution, or any department, agency, or authority thereof, for damages, abatement, injunctive, or any other relief. No such claim barred by this Code section shall be brought, threatened, asserted or pursued in any way in any court, and any such claim shall be dismissed by the court in which the claim is brought.
(b) The bar provided for in subsection (a) of this Code section shall not apply to a bellwether claim of any governmental entity, provided that such claim:
(1) Is brought in the proceedings titled In re: National Prescription Opiate Litigation, Case No.: MDL 2804 as bellwether claims that are to be tried in a bellwether trial;
(2) Is selected by the court in In re: National Prescription Opiate Litigation, Case No.: MDL 2804 as a bellwether claim to be tried in a bellwether trial; and
(3) Is brought against defendants selected as bellwether defendants in a bellwether trial.
(c) The bar provided for in subsection (a) of this Code section shall become active and effective upon the filing of a consent order by the state that attests to and evidences that a state-wide opioid settlement agreement has been reached, and that the parameters of this chapter have been met.

OCGA § 10-13B-3

Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Added by 2022 Ga. Laws 729,§ 1, eff. 5/2/2022.