Delaware Court OKs “Litigation Funding”

An attempt by Dupont to challenge a controversial strategy for funding litigation has failed in Delaware Superior Court. The court gave the ok to third party litigation funding, which proponents claim is a useful and justifiable strategy for leveling the playing field when one side has a big financial advantage. However, the court also laid out three conditions that need to be met in order for the arrangement to avoid being rejected on the grounds of “champerty and maintenance.”