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Third-Party Financing and a Victory for the Little Guy

On Good Friday in 2006, a hailstorm across Indiana caused more than a billion dollars in damage and provided an opportunity to show how litigation finance can be an instrument for justice.  When an insurance company violated its duties to…
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More Third-Party Litigation Funding Means Better Third-Party Litigation Funding

In many cases, third-party litigation funders receive a high rate of return for their investment in a plaintiff’s claim.  For many critics, such a high rate of return is seen as proof that there is something unseemly – maybe even…
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Does Third-Party Funding Really Lead to More Frivolous Litigation?

One of the most prevalent arguments against third-party legal financing is that the number of frivolous lawsuits will increase when plaintiffs have access to financial resources that will cover litigation costs.  This argument is based on the idea that a…
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Can Litigation Financing Fees Be a Recoverable Cost? An English Court Says, “Yes.”

A recent English court decision has held that the cost of litigation funding can be a recoverable cost in arbitration.  Although there are a number of unique circumstances in this case that might make it an outlier, the court’s analysis…
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Litigation Finance in Class Actions: Are Third-Party Funding Agreements Discoverable?

There is on-going uncertainty about whether and to what extent agreements for third-party litigation funding can be subject to discovery.  This is true in all kinds of litigation, but a couple of recent decisions have reached opposite results in the…
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Litigation Funding as a Tool for Better Business

Litigation creates problems for business.  Aside from the obvious risks associated with an adverse result, litigation is costly and disruptive for business.  But many of these costs, risks and problems can be reduced or eliminated when businesses finance their litigation…
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The Effect of Litigation Financing on the Legal System: A Lesson from Australia

There are plenty of theories about how the more extensive use of third-party litigation finance could affect the legal system.  Some suggest that increased access to litigation funding could promote greater access to justice for less affluent parties.  Others predict…
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