Third-party litigation funding arrangements should be disclosed

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Pretzel & Stouffer focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. His views are his own and not those of his firm or its clients.

Posted September 23, 2020 11:23 AM

Treating similar cases similarly is a central concept with its origin in Book 5 of Aristotle’s Nicomachean Ethics and is the ultimate basis for the common law system of justice. As a result, lawyers spend a great deal of time trying to find a case on “all fours” and distinguishing other cases cited by the opposing side. Under this system, the task of figuring out what is sufficiently similar and what facts were previously dispositive is necessary so that the law is applied consistently and fairly and achieves just results. …

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