Maya Steinitz, ‘Zombie Litigation: Claim Aggregation, Litigant Autonomy, and Funders’ Intermeddling’, Cornell Law Review (forthcoming, 2025), available at SSRN (1 November 2024). There has been so much enthusiasm for litigation funding. Scholars have sung its praises: it will solve the access to justice problem; it is no different from insurance; if you find yourself balking at litigation funding it is probably because you secretly want big powerful corporations to get away with misconduct. I was always one of those shamed observers who had inchoate concerns about litigation funding but felt embarrassed to take the side of Goliath over David. In ‘Zombie Litigation: Claim Aggregation, Litigant Autonomy, and Funder’s Intermeddling’, Maya Steinitz has skillfully articulated these concerns and explained how the litigation funders themselves are often the Goliath, not the defendants whom they sue … (more)
[Rebecca Roiphe, JOTWELL, 16 April 2025]
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