(A) “OneOhio recovery foundation” means the nonprofit corporation receiving payments under the settlement agreement in State of Ohio v. McKesson Corp., Case No. CVH20180055 (C.P. Madison Co., settlement agreement of October 7, 2021) and its constituent regional boards.

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Terms Used In Ohio Code 182.02

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Quorum: The number of legislators that must be present to do business.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state: means the state of Ohio. See Ohio Code 1.59

(B) The OneOhio recovery foundation is not any of the following:

(1) A state agency as defined in section 1.60, 9.28, 121.41, or 149.011 of the Revised Code;

(2) An executive agency as defined in section 121.60 of the Revised Code;

(3) A public office as defined in section 9.28, 9.74, 102.01, 117.01, 149.011, or 1331.01 of the Revised Code;

(4) A state entity as defined in section 113.70 of the Revised Code;

(5) A public employer as defined in section 4117.01 of the Revised Code;

(6) Departments, offices, and institutions as defined in section 2921.01 of the Revised Code.

(C) An employee, officer, or appointed member of OneOhio recovery foundation is not any of the following because of employment with, office held, or appointment to the foundation:

(1) A public employee as defined in section 145.012 of the Revised Code;

(2) An employee as defined in section 124.01 of the Revised Code;

(3) A public official as defined in section 2921.01 of the Revised Code.

(D) The offices, positions of trust, or persons employed with OneOhio recovery foundation are not engaged in or included in the definitions of “service of the state” or “civil service of the state” as defined in section 124.01 of the Revised Code because of holding the office, position, or employment with the foundation.

(E) The OneOhio recovery foundation is not subject to section 121.22 of the Revised Code.

(F) Meetings of the full OneOhio recovery foundation board of directors shall be open to the public unless the board, by a majority of a quorum of directors present, vote to hold an executive session.

(G) The attorney general, when requested by OneOhio recovery foundation, shall provide legal advice in all matters to OneOhio recovery foundation or its employees, officers, or appointed members who are a party to a legal action when those individuals are acting within the scope of their official capacity as a member of OneOhio recovery foundation. The attorney general shall do all things necessary under the laws of any state or federal government to properly conduct any case in which OneOhio recovery foundation or its employees, officers, or appointed members are a party to a legal action when acting within the scope of their official capacity as a member of OneOhio recovery foundation, including bringing an action for equitable relief or recovery of damages.

Last updated September 11, 2023 at 4:40 PM