Litigation Section

This section provides the trial attorney with information on the most recent trends in trial techniques through annual seminars and its newsletter. The section currently produces a quarterly case update to the members of the section.

Chair
Robertson Overbey
800 Riverview Twr 900 S Gay St
Knoxville, TN 37902
(865)522-2717

Third-Party Litigation Trend Growing

Commercial third-party litigation financing has grown from an uncommon occurrence in the 90’s — estimated at maybe $100 million worth of funding — to a $4 billion industry with at least 30 dedicated funders in 2017, the Memphis Daily News reports. This type of litigation is seen by funders as a way to diversify their investments, but it has drawn criticism from some, who suggest the financing helps “unmeritorious cases" move ahead because it spreads risk across a broad portfolio of litigation. Memphis attorney Lucian Pera offered a counterpoint, noting “Nobody puts $1 million into a $10 million claim if they’re not convinced there’s some merit there.”
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Class Action Litigation Bill Passes Despite ABA Opposition

Despite the American Bar Association’s opposition, the U.S. House yesterday passed the Fairness in Class Action Litigation Act of 2017, the ABA Journal reports. The bill requires federal courts to deny class-action certification unless every one of the proposed class members affirmatively demonstrated they have “suffered the same type and scope of injury” as the named plaintiffs. This morning the House also passed the Lawsuit Abuse Reduction Act of 2017, which amends Rule 11 of the Federal Rules of Civil Procedure to require judges to sanction attorneys who file lawsuits deemed to have no merit. 
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