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Legislative Update

Civil proceeding advance payment contracts and commercial litigation financing

March 28, 2024 Filed Under: Civil

H.E.A. 1160, P.L. 140

Effective: July 1, 2024

Prevents a CPAP provider from making any decision, having any influence, or directing the consumer claimant or the consumer claimant’s attorney with respect to the conduct of the underlying civil proceeding. Provides that a commercial litigation financier may not provide funding to a commercial litigation financing agreement that is financed by a foreign entity of concern. Prevents a party from sharing information subject to a court order to seal or protect that is received in the course of the civil proceeding with a commercial litigation financier. Provides that a commercial litigation financier may not make any decision, have any influence, or direct the plaintiff with respect to the underlying civil proceeding. Specifies that a commercial litigation financing agreement is subject to discovery. Requires the plaintiff or the plaintiff’s attorney to provide written notice of a commercial litigation financing agreement if the agreement is directly or indirectly financed by a foreign person.

Read the bill at: https://iga.in.gov/legislative/2024/bills/house/1160

Filed Under: Civil Tagged With: contracts

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