Publication Date
2016
Journal
New York University Journal of Law and Business
Abstract
The article argues that litigation investment—where third-party funders provide capital for lawsuits in exchange for a share of potential recoveries—should be extended to public litigation. It contends that the economic rationale for litigation investment applies equally to public entities, such as state Attorneys General, as it does to private litigants. The author highlights the funding gap in public litigation, particularly in large-scale cases against well-resourced defendants, and suggests that litigation investment could address this gap more effectively than contingent fee arrangements with private attorneys.
Volume
12
Issue
3
First Page
813
Last Page
832
Publisher
New York University School of Law
Disciplines
Banking and Finance Law | Insurance Law | Law | State and Local Government Law | Torts
Recommended Citation
Anthony J. Sebok,
Private Dollars for Public Litigation: An Introduction,
12
N.Y.U. J.L. & Bus.
813
(2016).
https://larc.cardozo.yu.edu/faculty-articles/1506
Included in
Banking and Finance Law Commons, Insurance Law Commons, State and Local Government Law Commons, Torts Commons
Comments
Special Issue 2016: Proceedings of the 2015 Fall Conference with the Center on Civil Justice: Litigation Funding: The Basics and beyond