The plaintiff in two proposed class actions alleging a price-fixing conspiracy in the canned tuna industry brought a motion for approval of a third-party litigation funding agreement.
The plaintiff could not bear the financial burden of funding the required expert evidence.
After extensive negotiations and due diligence, the plaintiff entered into an agreement with Lake Whillans Fund.
The court applied the four-factor test for approving third-party funding agreements and found the agreement to be necessary for access to justice, fair, reasonable, and protective of the defendants' interests.
The motion to approve the funding agreement was granted.
