(Feb. 10, 2025) – Today, the Senate Judiciary Committee, chaired by Senator Kellie Warren (R-Leawood), held a hearing on Senate Bill 54, limiting discovery and disclosure of third-party litigation funding agreements in certain circumstances and requiring the reporting of such agreements to the judicial council for study.
Proponents:
- Eric Stafford of the Kansas Chamber of Commerce highlighted how this would increase insurance premiums. He stated negotiations with the attorney general's office have been ongoing and suggested further clarifying language.
- Phillip Davidson of Hinkle Law Firm highlighted the difficulty of settling cases when third parties fund them and how that makes the process more inefficient and inequitable.
- Dan Murray of the National Federation of Independent Businesses discussed the history of caps on non-economic damages and noted that small businesses don't have in-house counsel.
- Beth Smoller, Kansas Association of Insurance Agents, gave an overview of social inflation and increasing litigation costs.
- Rachelle Columbo, Kansas Medical Society and KAMMCO highlighted how a healthy litigatory environment helps with access to care.
Opponents:
- Dai Wai Chin Feman, director of Commercial Litigation Strategies of Parabellum Capital
- John Federico, on behalf of the International Legal Finance Association
The committee will meet again throughout the week.