Usury and Other Defenses in U.S. Litigation Finance
Article from: TDM 3 (2014), in Contingent Fees and Third Party Funding in Investment Arbitration Disputes
Abstract
Third-party litigation funding is a business transaction whereby a funder pays for the litigant's costs and expenses in exchange for the assignment of a share of the litigant's recovery. If the funded litigant loses, the funder will lose the investment; if the claim is successful, either in litigation or settlement, the funder will receive a portion or percentage of the recovery. A funded litigant may not always be happy to return to the financier the amount owed after securing a favorable settlement or judgment. In such situations, the funded litigant may seek an order from a local ...