Study Finds Judges Mostly Reject Discovery Requests for Litigation Funding Documents
The conclusion of the study—that judges rarely grant discovery into litigation funding documents—helps explain why opponents of the industry are pushing for legislative and rule changes to require that funding agreements be disclosed.
May 14, 2018 at 12:54 PM
5 minute read
Credit: Alexander Kirch/Shutterstock.com
Amid a push by litigation funding opponents for greater transparency in the industry, a new industry study has found that federal and state court judges have overwhelmingly blocked attempts by litigants to peer into their opponents' legal financing arrangements.
The case law analysis by Tennessee-based litigation funding broker Westfleet Advisors identified 30 cases across the United States in which a party sought to force disclosure of the other sides' litigation financing documents.
In 24 of those cases—or 80 percent—the judge denied the discovery requests altogether or granted limited discovery, according to the study, which was authored by Westfleet CEO Charles Agee, Adams and Reese partner Lucian Pera, and Vanderbilt University law student Steven Vickery.
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