![]() ![]() The order itself sets forth that parties may be entitled to discovery if the litigation funder has a sufficient interest: 2. This has led to disputes about discovery of third-party litigation funding information because savvy defendants want to test plaintiffs' standing, while smart plaintiffs want to avoid any chance that a defendant may challenge their ability to bring the case. Why do parties need this information? In a patent action, if a litigation funder can control settlement or material litigation decisions, but isn't joined as a party, the party asserting infringement may lack standing. ![]() A brief description of the nature of the financial interest of the Third-Party Funder(s). Whether any Third-Party Funder's approval is necessary for litigation or settlement decisions in the action, and if the answer is in the affirmative, the nature of the terms and conditions relating to that approval and c. The identity, address, and, if a legal entity, place of formation of the Third-Party Funder(s) b. where a party has made arrangements to receive from a person or entity that is not a party (a "Third-Party Funder") funding for some or all of the party's attorney fees and/or expenses to litigate this action on a non-recourse basis in exchange for (1) a financial interest that is contingent upon the results of the litigation or (2) a non-monetary result that is not in the nature of a personal loan, bank loan, or insurance: a. The first of the orders is likely to cause the biggest waves, as it requires the parties to disclose certain litigation funding sources and information: in all cases assigned. The above are numbered only for reference below.Įach of these orders explicitly applies only in Chief Judge Connolly cases. A requirement for the defendant in ANDA cases where there was a Paragraph IV certification to produce the ANDA when responding to the complaint.An order expanding disclosure requirements under Federal Rule of Civil Procedure 7.1 for non-governmental joint ventures, LLCs, partnerships, and LLPs.A requirement in diversity cases to disclose the name and citizenship of every individual and corporation with a direct or indirect interest in every party.A requirement to disclose third-party litigation funding arrangements on the docket.Today, Judge Connolly issued four new standing orders. ![]()
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