Defendants in federal civil litigation (and in many state courts) have long been required to disclose their liability insurance contracts to plaintiffs. But plaintiffs’ third-party litigation agreements—who is supplying the funds, and on what terms—are typically shrouded in mystery. The time is ripe for requiring plaintiffs to pull back the curtain on litigation funding contracts. A simple amendment to the Federal Rules of Civil Procedure would generate such disclosure in federal courts without increasing discovery battles.
LINKS
Read "Local Third-Party Funding Disclosure Rules—An Inadequate Patchwork," co-authored by Steven M. Harkins and Victoria J. Langton in the New Jersey Law Journal. (subscription)