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Series

Litigation

Boston University School of Law

Subrogation

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Toward A Regulatory Framework For Third-Party Funding Of Litigation, Keith Hylton Jun 2013

Toward A Regulatory Framework For Third-Party Funding Of Litigation, Keith Hylton

Faculty Scholarship

Because third-party funding and sales of legal rights are equivalent in terms of their economics, I examine arrangements in which third-party sales of legal rights are permitted today – waiver, subrogation, and settlement agreements. The existing arrangements provide valuable lessons for the appropriate regulatory approach to third-party financing of litigation.


The Economics Of Third-Party Financed Litigation, Keith Hylton Oct 2011

The Economics Of Third-Party Financed Litigation, Keith Hylton

Faculty Scholarship

This paper examines the law and economics of third-party financed litigation. I explore the conditions under which a system of third-party financiers and litigators can enhance social welfare, and the conditions under which it is likely to reduce social welfare. Among the applications I consider are the sale of legal rights (such as contingent tort claims) to insurers, to patent trolls, and to financiers generally.