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Law Practice

May 17, 2017

Litigation funding won't fuel frivolous suits

Such funding is unlikely to produce an upsurge of frivolous litigation, though it could produce a wave of law firm startups.

Deborah Hensler

Stanford Law School

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Every decade of civil justice reform has its poster child. In the 1980s it was out-of-control juries, in the 1990s punitive damages, in the 2000s class actions. Now litigation funding is evoking cries of alarm. Contrary to its critics' assertions, litigation funding is unlikely to produce an upsurge of frivolous litigation. But it could produce a wave of law firm startups and, ultimately, reshape the plaintiff bar.

Actually, litigation funding is old news. Contingent fee plaintiff a...

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