Justice for Profit: A Comparative Analysis of Australian, Canadian and U.S. Third Party Litigation Funding

Kalajdzic, Jasminka; Cashman, Peter; Longmoore, Alana M.

doi:10.2139/ssrn.2064980

Cited by 3 publications

(2 citation statements)

References 5 publications

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“…From 1993 to 2008, the average award in federal class actions was 23 percent of the class settlement; from 2009 to 2013, the average was 27 percent of the class settlement. See Theodore Eisenberg, Geoffrey Miller, and Roy Germano, "Attorney Fees in Class Actions, 2009-2013," NYU Law Review, Vol. 92, No.…”

Section: The United Statesmentioning

confidence: 99%

The Globalization of Mass Civil Litigation: Lessons from the Volkswagen "Clean Diesel" Case

Hensler¹,

Kalajdzic²,

Cashman³

et al. 2021

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About RANDThe RAND Corporation is a research organization that develops solutions to public policy challenges to help make communities throughout the world safer and more secure, healthier and more prosperous. RAND is nonprofit, nonpartisan, and committed to the public interest. To learn more about RAND, visit www.rand.org. Research IntegrityOur mission to help improve policy and decisionmaking through research and analysis is enabled through our core values of quality and objectivity and our unwavering commitment to the highest level of integrity and ethical behavior. To help ensure our research and analysis are rigorous, objective, and nonpartisan, we subject our research publications to a robust and exacting quality-assurance process; avoid both the appearance and reality of financial and other conflicts of interest through staff training, project screening, and a policy of mandatory disclosure; and pursue transparency in our research engagements through our commitment to the open publication of our research findings and recommendations, disclosure of the source of funding of published research, and policies to ensure intellectual independence. For more information, visit www.rand.org/about/principles. RAND's publications do not necessarily reflect the opinions of its research clients and sponsors.

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Section: The United Statesmentioning

confidence: 99%

The Globalization of Mass Civil Litigation: Lessons from the Volkswagen "Clean Diesel" Case

Hensler¹,

Kalajdzic²,

Cashman³

et al. 2021

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“…In recent years, as a growing industry, the TPLF has drawn lots of attention from policy-makers, legal professions, and potential litigation parties. Actually, most of the opinions hold that TPLF can be helpful to solve funding problems with civil litigation, but it should be approached cautiously (Kalajdzic, Cashman, & Longmoore, 2013). Up till now, TPLF has notably spread in Australia, some European Jurisdictions (Austria, Germany, Ireland, and the UK) (Vogenauer & Tulibacka, 2010) and the US to finance civil litigation (U.S. Chamber Institute for Legal Reform, 2009).…”

Section: Introductionmentioning

confidence: 99%

An Economic Analysis of Third Party Litigation Funding

Chen¹

2019

UCLR

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Third party litigation funding (TPLF) is one of the most innovative trends in litigation funding industry. In a TPLF contract, an external investor (the third party funder) financially supports a litigant to cover litigation expenses. If the claim is finally successful, a share of recoveries will come to the funder in return. On the other hand, the third party funder will receive no compensation if the plaintiff loses the suit. Up till now, in some common law jurisdictions (e.g., Australia, the UK, and the U.S.), TPLF has been legally accepted and develops rapidly. Meanwhile, concerns about the use of TPLF have also been raised. For example, whether TPLF will encourage frivolous suits and unmeritorious claims; and whether the use of TPLF will be socially desirable. In this article, a basic economic model of TPLF will be built firstly. Then, analysis based on this model will be delivered and further social externalities brought by the use of TPLF will also be investigated. Finally, through an economic analysis, it is concluded that TPLF is generally social desirable but regulations should be imposed.

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The Crux of the Matter: Funding and Financing Collective Redress Mechanisms

Voet

2014

SSRN Journal

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Justice for Profit: A Comparative Analysis of Australian, Canadian and U.S. Third Party Litigation Funding

Cited by 3 publications

References 5 publications

The Globalization of Mass Civil Litigation: Lessons from the Volkswagen "Clean Diesel" Case

The Globalization of Mass Civil Litigation: Lessons from the Volkswagen "Clean Diesel" Case

An Economic Analysis of Third Party Litigation Funding

The Crux of the Matter: Funding and Financing Collective Redress Mechanisms

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