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Litigation & Arbitration

Aug. 26, 2024

Third party litigation funding and mediation: lessons from the Sysco/Burford saga

The Sysco/Burford saga reveals significant differences in court views on third-party litigation funding and its impact on mediation, highlighting the evolving landscape and regulatory considerations surrounding TPLF.

Lisa Baker Morgan

Shutterstock

The request of Sysco and Carina to substitute Carina for Sysco in the underlying antitrust litigations was made pursuant to Rule 25(c) of the Federal Rules of Civil Procedure. The two courts treated the request quite differently.
The Minnesota court refused to exercise its discretion and substitute the funder for Sysco, finding that permitting the transfer would do "violence" to the Federal Rules of Civil Procedure by allowing "a financier with no interest in the litigat...

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