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

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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 Journal State 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
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States
Status
Post Types
Date
CSX Transportation, Inc. v. Carey, II et. al.
(KY., filed August 26, 2025) : Arguing that in a wide range of cases, identification of suspicious claims activity has led to investigations that hav...
Kentucky
  • Case Not Yet Decided iconCase Not Yet Decided
Comment on “A Critical Review of Greenhouse Gas Emissions on the U.S. Climate” Report
This comment is on behalf of the American Tort Reform Association (ATRA), a broad-based coalition of businesses, associations, and professional firms...
Gill v. Exxon Mobil Corp.
(Pa. App., filed June 23, 2025): Arguing that trial courts must zealously ensure the integrity and fairness of the jury system throughout the trial p...
Pennsylvania
  • Case Not Yet Decided iconCase Not Yet Decided
CareFirst of Maryland, Inc. v. Johnson & Johnson and Janssen Biotech Inc.
(E.D. Va., filed August 15, 2025): Arguing that Plaintiffs urge an unprecedented theory that a defendant can violate antitrust law by incidentally a...
Eastern District of Virginia
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Berk v. Choy
(U.S., filed August 7, 2025): Arguing that State legislatures enacted affidavit of merit statutes to prevent meritless lawsuits that threaten the ava...
SCOTUS
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
U.S. ex rel. Penelow v. Janssen Products LP.
(3rd Circ., filed July 21, 2025): Arguing that the qui tam provisions violate Article II’s vesting clause, the Appointments Clause, and the Take Care...
3rd Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Anne Arundel County v. Express Scripts
(Md., filed May 29, 2025): Arguing that the Court should join other states in affirming that public nuisance law cannot be converted into an all-enco...
Maryland
  • Case Not Yet Decided iconCase Not Yet Decided
Geico Casualty Company v. Jilianne Warner, et. al.
(Ky. App., filed May 28, 2025): Arguing that the court erred in finding that heavy motor trucks, such as tow trucks, are inherently dangerous.  The t...
Kentucky
  • Case Not Yet Decided iconCase Not Yet Decided
Monsanto v. Durnell
(U.S., filed May 9, 2025): Arguing that the Missouri Court of Appeals and other appellate courts have gutted FIFRA’s express preemption provision, al...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Gill v. Exxon Mobil Corp. 
(Pa. App., filed June 23, 2025) Arguing that trial courts must zealously ensure the integrity and fairness of the jury system throughout the trial pr...



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