Third-Party Litigation Financing

Third-party litigation financing (TPLF), or lawsuit funding, is the practice of investors buying an interest in the outcome of a lawsuit, and has become a multi-billion-dollar industry.

The Problem

Third party litigation financing raises ethical concerns by allowing funders to interfere with litigation decisions, which compromises attorney independence and raises costs for litigants.

Economic impacts include:

Hidden Money Pours Into Litigation: Third Party Litigation Funding

“Civil litigation provides a means of resolving disputes between parties, those named in a lawsuit as plaintiffs and defendants. Common law doctrines traditionally prohibited ‘strangers’ to a lawsuit from meddling in litigation or having a financial interest in the outcome due to the potential for litigation abuse. As those principles have fallen by the wayside, outside investors have poured money into civil litigation.”

Read more in the Judicial Hellholes® “Closer Looks” section on third-party litigation financing.

ATRA’s Position

If third party litigation financing continues, regulations should be put in place that increase transparency for litigants and maintains the integrity of the judicial system.

Search Through ATRA Reforms

Search through all of ATRA's reforms around Third-Party Litigation Financing
Third Party Litigation Financing
Subjects TPLF to the maximum usury interest rate or a 25% fee cap, requires automatic disclosure of the agreement in litigation and requires registrat...
Montana
Lawsuit Lending Reform: S.B. 1016 (2013)

Subjects consumer lawsuit lenders to Oklahoma’s Uniform Consumer Credit Code.

Oklahoma
Lawsuit Lending Study Bill: H.B. 1558 (2013)
Urges the legislative council to assign to the interim study committee on insurance, during the 2013 interim of the general assembly, the topic of con...
Indiana
Lawsuit Lending: S.B. 882 (2015)

Lawsuit lending alignment bill that would place the industry under the state’s usury laws.

Arkansas
Lawsuit Lending: S.B. 1360 (2014)

The bill is lawsuit lending regulatory legislation.

Tennessee


Third-Party Litigation Financing News and Press

Explore ATRA's most recent press releases and blogs around Third-Party Litigation Financing

Washington State Lawmakers Should Shine a Light on Secret Lawsuit Investors

This op-ed was published by DC JournalState lawmakers in Washingto...

State Tort Laws Negatively Impacting Economies Outlined for DOJ in ATRA Letter

Today, the American Tort Reform Association provided the Department of Jus...

Montana Emerges As National Tort Reform Leader in ATRA’s 2025 “Legislative HeatCheck”

Today, the American Tort Reform Association named Montana a 2025 “Tort Ref...

Search Resources

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Third-Party Litigation Financing
Search All
States
Status
Post Types
Date
Drake v. Bayer
(9th Circ., filed May 26, 2026): Arguing that rehearing should be granted to clarify the standards applicable to establishing class-wide injury.  The...
9th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
In Re FirstEnergy Corp. Securities Litigation
(6th Circ., filed May 21, 2026): Arguing that Comcast’s limits on class certification provide essential protections for American businesses and inves...
6th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, et. al.
(U.S., filed May 18, 2026): Arguing the state law does not provide a mechanism to recover damages for costs attributed to global climate change. Clim...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Veto Request, House Bill 26-1236, “Arbitration Reform”
...
Colorado
Second Letter Urging Veto of HB 449 / SB 229 Following Rejection of Amendments
...
Virginia
Comment by Leading Defense Bar and Business Groups Opposing Nonlawyer Ownership and Fee-Sharing
Tennessee Supreme Court comment by leading business and defense bar groups opposing nonlawyer law firm ownership – 4.30.2026Download ...
Tennessee
Blade v. Sig Saurer
(E.D. Pa., filed April 6, 2026): Arguing that the court should grant Sig Saurer’s motion for reconsideration because Mallory upends the jurisdictiona...
Eastern District of Pennsylvania
  • Case Not Yet Decided iconCase Not Yet Decided
Suquilanda v. Skyway Roofing, Inc.
(Ma., filed March 18, 2026): Urging the court to decline to recognize a new cause of action permitting employees of a subcontractor to sue a contract...
Massachusetts
  • Case Not Yet Decided iconCase Not Yet Decided
Letter Urging Veto or Amendments to House Bill 449 / Senate Bill 229 in Virginia
...
Virginia
Corporate Flight from Delaware: The Impact of Escalating Shareholder Litigation and Legal Uncertainty
Unpredictable court rulings and a wave of lawyer-driven, profit-seeking litigation are destabilizing Delaware’s historic dominance for corporat...
Delaware



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