Litigation finance runs afoul of champerty doctrine

Opining that “a lawsuit is not an investment vehicle,” the Ohio Supreme Court has ruled that a personal injury plaintiff who settled her case for $100,000 “need not honor a contract that required her to pay nearly $20,000” to a Nevada-based litigation finance company and an Ohio broker. What’s more, plaintiff Roberta Rancman is not required to return the $8,800 advanced to her by the two companies. A National Law Journal article takes a look at the litigation finance industry, in which “financiers typically offer cash advances to plaintiffs who might be out of work because of an injury or otherwise unable to meet their daily living expenses. The financiers get back their advance, not to mention a usually quite substantial premium, only if the suit leads to a settlement or an award.” (See Gary Young, “Two setbacks for lawsuit financing,” The Nat’l Law Journal, July 28). Update Oct. 25: litigation-finance firms pull out of Ohio after ruling.

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