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NJ S4374
Bill
Status
5/12/2025
Primary Sponsor
John McKeon
Click for details
AI Summary
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Requires parties or attorneys in civil and administrative actions to disclose all third-party litigation funding agreements to all other parties without waiting for a discovery request, with disclosure due at initial pleading or when the agreement is made
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Establishes that litigation funders owe a fiduciary duty to the funded party and must agree to be jointly liable for any costs or sanctions imposed against the funded party or their attorney
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Caps litigation funder compensation at 25% of any settlement, judgment, or award, and limits combined funder payment plus attorney fees to 50% of monetary relief without the funded party's express consent
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Prohibits litigation funders from influencing case decisions, providing legal advice, selecting attorneys, or assigning/securitizing funding agreements
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Violations constitute unfair or deceptive practices under consumer protection law, render agreements unenforceable, and may result in court-imposed sanctions; pre-settlement funding for personal living expenses is exempt from the act
Legislative Description
Requires disclosure of third-party litigation funding agreements and establishes certain responsibilities for litigation funders.
2nd Reading in the Senate
Last Action
Reported from Senate Committee with Amendments, 2nd Reading
6/12/2025