Lawyers for Civil Justice’s Post

Follow Ask About TPLF for updates on our work to bring transparency and fairness back to the courtroom.

🚨Breaking News: We just launched #AskAboutTPLF, a new initiative by Lawyers for Civil Justice on the hidden influence of third-party litigation funding in our courts! FOLLOW Ask About TPLF for updates on our work to bring transparency and fairness back to the courtroom.

Altering the FRCP to curtail judicial discretion over remote testimony and to eliminate geographical limits on subpoenas would have wide-ranging ramifications on the judiciary, parties, and especially witnesses. Any new rule could easily create a new routine practice. LCJ opposes the proposal by plaintiffs’ lawyers to alter the FRCP because it could cause most, if not all, future trials to feature remote testimony and will subject all potential witnesses to the subpoena power of every federal district court in the country. Imposing this novel regime on every trial, on every witness, in every civil case, is a vastly over-expansive action out of proportion to any problem. Read LCJ’s Comment to the Advisory Committee on Civil Rules here: https://lnkd.in/eUmawS7J

Due to the inconsistent and often ineffective methods courts use to obtain disclosure of third-party litigation funding (TPLF), 124 major companies from a diverse group of industries are asking the Federal Advisory Committee on Civil Rules to amend the Federal Rules of Civil Procedure to create a uniform procedure for revealing funding litigation agreements in civil cases. The letter supports a proposal by Lawyers for Civil Justice (LCJ) and the U.S. Chamber of Commerce Institute for Legal Reform (ILR) detailing the reasons why courts and parties must know who controls, and benefits from, litigation. Visit www.lfcj.com to learn more.

This week, LCJ led a corporate letter to the Advisory Committee on Civil Rules urging the creation of a rule to govern the process of disclosing third-party litigation funding (TPLF) in cases with reliability and consistency. The letter garnered over 120 signatures from industry leaders in healthcare, insurance, technology, automotive, energy, financial services and more. Because there is currently no federal rule governing the process for TPLF disclosure, courts are inconsistently using a variety of approaches, creating uncertainty for parties in litigation. Without disclosure, parties are uninformed about who is making decisions that may significantly impact the litigation, and whether conflicts of interest exist between witnesses, the court, and parties as well as non-parties to the litigation. Read the full letter here: https://bit.ly/3N9S9Op In addition to the corporate letter, LCJ and the @U.S. Chamber of Commerce Institute for Legal Reform jointly submitted a comment to the Advisory Committee emphasizing the necessity and importance of addressing the inconsistent and fractured procedural landscape which has emerged in the absence of a rule requiring the disclosure of third-party litigation funding (TPLF). The comment advocates for the creation of a “simple and predictable” rule to require the disclosure of TPLF agreements. Read the full comment here: https://bit.ly/4dBSkwx The letter and comment come at a time when TPLF has ballooned into a $15 billion industry at the intersection of two of the most highly regulated industries in America; litigation and finance. The growth of the industry, demonstrated by an increase in both funding and number of cases in which such arrangements exist, has resulted in an increase of requests from litigants asking courts to order the disclosure of funding agreements in their cases. The letter and comment are part of LCJ’s intensifying efforts to encourage litigants to Ask About TPLF in their cases, and to advocate for a consistent and reliable federal rule to require disclosure. Later this month, LCJ will launch a new Ask About TPLF website that will serve as a hub for its new campaign.

124 major companies are calling for a rule requiring disclosure of third-party litigation funding (TPLF) in federal courts. Their letter, which comes in advance of next week’s meeting of the Advisory Committee on Civil Rules, supports the new proposal by Lawyers for Civil Justice (LCJ) and the U.S. Chamber of Commerce Institute for Legal Reform (ILR) urging a “simple and predictable rule for TPLF disclosure.” The letter and rule proposal are available at https://lnkd.in/e48Ybuy2.

FRCP 45(c)(1) appropriately limits subpoenas for trials, hearings, and depositions to “within 100 miles of where the person resides, is employed, or regularly transacts business in person” or, if the person is a party or a party’s officer, within the state. These limitations remain sensible, not only because of the strong reasons that favor live, in-person testimony but also to protect witnesses from the burdens and disruptions inherent in appearing as a witness at a trial. Now, however, a group of plaintiffs’ lawyers is trying to convince the Advisory Committee on Civil Rules to alter Rule 45(c)(1) to allow parties to subpoena witnesses virtually anywhere within the United States, effectively eliminating any geographic limitations and creating nationwide subpoena power in all federal litigation. LCJ opposes any such amendment because the potential for abuse and gamesmanship is very high. Read more here: https://lnkd.in/eUmawS7J

Exciting News for LCJ Members! Two of our nation's top political and corporate advertising experts, Mark Putnam and Russ Schriefer, will share invaluable insights on political communication trends and key lessons – from both sides of the aisle – coming out of the 2024 election cycle, at LCJ’s Fall meeting in Nashville.   As we navigate a time of rapid social and political change, Putnam and Schriefer will highlight their strategies for effectively communicating with a skeptical public and winning over crossover voters. Don’t miss out on this opportunity to learn about tactics top political ad creators are using to navigate the evolving communications landscape.   Be sure to register early to secure your spot! See you in Nashville! #LCJFallMeeting #PoliticalCommunication #RegisterNow

Big news for LCJ’s Fall Meeting! LCJ is excited to announce that Tennessee Attorney General Jonathan Skrmetti will be joining us as our special guest at the Wednesday evening reception on December 4, 2024, at Butler Snow’s Nashville office! Get ready for a fantastic night of networking, with insights from AG Skrmetti in the vibrant heart of Music City! Don’t miss out! #LCJFallMeeting #NashvilleNights #LegalLeaders #TennesseeAG

Join LCJ at the Fall Meeting in Nashville, December 4-6, for a panel discussion on "Public Trust in the Courts – State Supreme Court Chief Justices Share Their Views," featuring Hon. Holly Kirby (TN), Hon. Bridget Mary McCormack (MI), Hon. Harold Melton (GA), and moderated by Hon. Rebecca Kourlis (CO). Don't miss this chance to hear from esteemed justices on public trust in the judiciary. Members, check your emails for registration details and register TODAY! #LCJFallMeeting #PublicTrustinJudiciary #LegalReform #Nashville2024