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Interesting Podcast Ep on Champerty Laws and Litigation Financing for us Non-Legal Eagles

Posted on 10/4/19 at 7:36 am
Posted by OleWarSkuleAlum
Huntsville, AL
Member since Dec 2013
10293 posts
Posted on 10/4/19 at 7:36 am
NPR’s Planet Money had an interesting segment on litigation financing. The most powerful thing that stuck out to me was the assertion it doesn’t matter if you are right or wrong it only matters how much money you have to be wrong...

LINK

SFP or other legal experts is litigation financing a big thing in Lousiana? It’s interesting that initially it was conceived to protect the little guy from mega-corporations and their deep pockets, but according to the podcast it’s major companies who are primarily financing their litigation so essentially the exact opposite of its intent. The margins appear to be huge.
Posted by NIH
Member since Aug 2008
124913 posts
Posted on 10/4/19 at 8:41 am to
Is this about the companies that loan money to plaintiff’s before their case settles / is heard?
Posted by OleWarSkuleAlum
Huntsville, AL
Member since Dec 2013
10293 posts
Posted on 10/4/19 at 8:49 am to
quote:

Is this about the companies that loan money to plaintiff’s before their case settles / is heard?


As far as I understand it they lend to both plaintiffs and defendants.
Posted by McVick
Member since Jan 2011
4635 posts
Posted on 10/4/19 at 9:00 am to
This sounds like what happened with Peter Thiel and Gawker Media, where Thiel financed multiple plaintiffs to sue Gawker. Gawker maybe could have settled some of the cases with the plantiffs or had some dismissed, but the number of cases Thiel financed and made sure went to court for judgements was too much for Nick Denton to continue the company. He saw the writing on the wall and realized Thiel wasn't going to stop the practice.
Posted by The Johnny Lawrence
Member since Sep 2016
2233 posts
Posted on 10/4/19 at 9:07 am to
They have some companies that finance medical payments and procedures for plaintiffs, which they have to pay back regardless of whether they settle/win. Essentially, the company pays the providers a fraction of what is owed, like an insurance company, then demands the full fee after settlement.


Posted by ATLabama
Member since Jan 2013
1614 posts
Posted on 10/4/19 at 10:22 am to
quote:

NPR’s Planet Money had an interesting segment on litigation financing. The most powerful thing that stuck out to me was the assertion it doesn’t matter if you are right or wrong it only matters how much money you have to be wrong...


There is no law in this country. Only affordable law.
Posted by OleWarSkuleAlum
Huntsville, AL
Member since Dec 2013
10293 posts
Posted on 10/4/19 at 11:27 am to
quote:

This sounds like what happened with Peter Thiel and Gawker Media, where Thiel financed multiple plaintiffs to sue Gawker. Gawker maybe could have settled some of the cases with the plantiffs or had some dismissed, but the number of cases Thiel financed and made sure went to court for judgements was too much for Nick Denton to continue the company. He saw the writing on the wall and realized Thiel wasn't going to stop the practice.


I’m not familiar with the case you presented, but that sounds very personal and some other motive was behind it. The podcast presents the litigation financing as more of a business decision and not personal vendettas. Although personal vendettas were the reason for champerty laws in the first place.
Posted by Big Scrub TX
Member since Dec 2013
40171 posts
Posted on 10/4/19 at 12:08 pm to
quote:

This sounds like what happened with Peter Thiel and Gawker Media, where Thiel financed multiple plaintiffs to sue Gawker. Gawker maybe could have settled some of the cases with the plantiffs or had some dismissed, but the number of cases Thiel financed and made sure went to court for judgements was too much for Nick Denton to continue the company. He saw the writing on the wall and realized Thiel wasn't going to stop the practice.
Same but different. Thiel did that as a passion project. The OP is about 3rd party lit fin as an investment strategy.

Posted by OleWarSkuleAlum
Huntsville, AL
Member since Dec 2013
10293 posts
Posted on 10/4/19 at 5:11 pm to
quote:

Same but different. Thiel did that as a passion project. The OP is about 3rd party lit fin as an investment strategy.


That’s what I figured
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