Litigation Funding Bill Lacks Policy Rationale

Law360 (May 16, 2018, 2:40 PM EDT) -- On May 10, 2018, Sens. Chuck Grassley, R-Iowa, Thom Tillis, R-N.C., and John Cornyn, R-Texas, introduced a bill titled "The Litigation Funding Transparency Act of 2018,"[1] which would require disclosure of litigation funding arrangements (including the funding agreements themselves) in any federal class action and any federal claim that is aggregated into a federal multidistrict litigation, or MDL, proceeding. One purported purpose of the bill, according to Sen. Tillis, is to “keep the civil justice system honorable and fair.”

Effectively, the bill would do exactly the opposite by imposing more barriers to entry for claimants trying to bring meritorious lawsuits against...

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