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LCJ also has an important new project in development to provide efficient new guidance on privacy and cyber security issues in discovery. Stay tuned for the results of these efforts.
Third-Party Litigation Funding
LCJ’s advocacy for TPLF disclosure rules took a
strong step forward with the proposal of two new rule amendments: a FRCP 16 amendment to prompt judges to inquire about TPLF during pre-trial conferences, and an amendment to Rule 26.1 of the Federal Rules
of Appellate Procedure to require TPLF disclosure in all appeals. Although third-party litigation funding (TPLF) is a multi-billion-dollar industry that supports thousands of lawsuits each year, many judges and practitioners are unaware of the breadth of its presence and its implications, necessitating disclosure.
Class Actions
LCJ proposed a new and innovative amendment to the Civil Rules Advisory Committee to allow courts
to consider non-litigation remedies when analyzing whether a proposed class action is “superior” to other forms of resolution. This proposal would amend FRCP 23’s “superiority” requirement as part of the class
Cost Allocation. LCJ has proposed rule amendments and pilot projects to state courts that promote the sharing discovery expenses as a way to focus parties on the merits of claims and defenses and to reduce litigation over the scope of discovery.
These results are important and impressive and never would have happened without the assistance of your Federation. LCJ was founded by FDCC along with DRI and IADC and we continue to provide support and leadership to the organization. Every 4 years a Federation member leads the LCJ - Mills Gallivan recently completed his role as President and I will assume the reigns in 2025.
LCJ’s record of effective advocacy results from a
unique partnership between preeminent companies, leading law firms, and support from the FDCC
despite resistance by a determined and well-funded opposition. If you and your firm want to take a more active role in the good fight, let us know. If your company wants to join the dozens of other companies seeking to affect change, we would love to have you join us.
From a value proposition perspective for your firms and clients, there is no other organization with the track record of meaningful successes than the LCJ.
The Federation is one of the pillars of the LCJ. These successes are shared by you and should be promoted by you!
Scott Kreamer is a Past President of the FDCC and is Managing Member with Baker Sterchi Cowden & Rice in Kansas City, MO. He is also the current Chair of the LCJ’s Advisory Committee. Scott can be reached at kreamer@bakersterchi.com
LCJ’s record of effective advocacy results from a unique partnership between preeminent companies, leading law firms, and support from the FDCC despite resistance by a determined and well-funded opposition.
certification process. Currently, a number of courts interpret Rule 23 as prohibiting judges from looking at the remedies already available to potential class members, which defeats the policy goal of protecting courts and parties from resource-intensive litigation that fails to provide any value.
www.thefederation.org
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