The plaintiff in a proposed class proceeding alleging a conspiracy by generic drug manufacturers to fix prices in North America sought approval of a litigation funding agreement (LFA).
The LFA contemplated substantial funding for expert economic analysis and document management, with a 10% fee capped between $5 million and $45 million.
The Federal Court approved the LFA, finding it necessary for access to justice, fair and reasonable to the class, not champertous, and not interfering with the solicitor-client relationship.
The Court also granted a partial sealing order, maintaining confidentiality for the maximum funding amounts and specific sliding scale caps, but making the 10% fee and the overriding cap range public.
