Here in the United States, Lawyers for Civil Justice (LCJ) encourages lawyers to Ask About TPLF, also known as third party litigation funding.
LCJ and others are advocating for an addition to the Federal Rules of Civil Procedure that would require litigants to disclose the involvement of litigation funders in cases, just like
Here are a couple of recent favorable developments concerning the effort to require public disclosure of p-side third-party litigation funding to the same extent as defendants must disclose relevant insurance coverage. In addition to litigation-related benefits, such disclosure would (unfortunately) benefit plaintiffs by allowing them to shop for the best terms (as one can with insurance), rather than essentially have to take what they are offered in the current utterly opaque market.Continue Reading Recent TPLF Disclosure Developments
If you’ve been practicing in mass torts for any length of time, you’ve probably dealt with MSP Recovery. We’ve posted about this Medicare Secondary Payor Troll many times (most recently here). One of MSP’s typical litigation approaches is to claim it has assignments of rights from certain Medicare Advantage Plans and then assert claims
Today’s guest post is from our Dechert LLP colleagues Doug Fleming and Noah Becker. They examine the recently proposed Litigation Transparency Act. As always our guest bloggers deserve all of the credit (and any of the blame) for their efforts.
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Consider the following scenario — it’s not an unusual one in this brave
We’ve all heard that “what’s good for the goose is good for the gander.” Some of us describe it as “the rule of poultry equivalents.” However you phrase it, we’ve always thought that if a defendant’s insurance is routinely discoverable, a plaintiff’s litigation financing agreement should be as well. Today’s decision from Delaware, Burkhart v. Genworth Financial, Inc., 2024 WL 3888109 (Del. Ch. Aug. 21, 2024), isn’t a pharmaceutical or medical device case, but it is the fourth decision out of the Delaware state courts holding that a plaintiff’s litigation funding agreement is discoverable. The decision adds to some of the positive case law and local rules related to litigation funding that we’ve addressed here, here and here. Continue Reading Litigation Funding Agreements Discoverable in Delaware
A little more than six months ago (June 21, 2021), the United States District Court for the District of New Jersey began enforcing its Local Rule 7.1.1, requiring disclosure of third-party litigation funding. Local Rule 7.1.1 provides:
Within 30 days of filing an initial pleading or transfer of the matter to this district, including the
We are in the midst of a multidistrict litigation in which the claims are even more frail than usual, the quality of the ‘inventory’ is even junkier than usual, and the pace of discovery regarding individual cases is even slower than usual. Nevertheless, the plaintiff lawyers (joined, sadly, by the court) frequently express exasperation with
We’ve blogged a number of times about how litigation funding arrangements involving personal injuries and mass torts collide with various ethical and statutory obligations owed by either the funders or the lawyers they fund. These all involve United States litigation. But when the New York Times reported on the questionable funding arrangements that have occurred
The federal Advisory Committee on Rules of Civil Procedure released its latest Civil Rules Agenda Book on November 7, 2017. A copy of it is available here. A couple of items on the agenda should be of interest to blog readers.
The first topic has to do with proposed changes Fed. R. Civ. P.
Regular blog readers may recall that, every year, we eagerly await a Monday and Tuesday right around February 14th. This has nothing to do with Valentine’s Day (though we like a dozen roses and a box of chocolates as much as the next person.) No, at this time every year (for the past