Fundamental Shift in Pre-Trial Data Access for Litigation Funds: A New Perspective

In a significant development, courts are deliberating whether litigation funding firms should be granted access to information prior to a 16-week trial. This discussion arose in a federal court case involving two class-action groups and a video game production company suing Apple and Google.

Scheduled to commence in March, the legal representatives for Epic Games and the plaintiffs proposed that data be made available to litigation funds before the trial to enable “proper evaluation.”

However, Judge Jonathan Beach expressed reservations about this proposal and pondered over what the litigation funds could do with the data, including information sourced from Apple and Google app stores, given that the trial was already set for March.

“Words fail me. The case will proceed, and the funds will see how Epic fares. What more can they do?” questioned Judge Beach.

When the suggestion was introduced that litigation funds could “make certain decisions during the trial,” including making offers, Judge Beach asserted that such actions were inappropriate unless mediation was involved.

Nevertheless, the attorneys defended the funds, arguing that they should not be deprived of the opportunity to consider a settlement offer during the proceedings simply because no current mediation was taking place.

In March, the Federal Court will hear two class-action groups accusing Apple and Google of unfair competition in their app stores, resulting in app developers paying “significantly higher” commissions.

This litigation will run parallel to the lawsuit filed by Epic Games, which accuses Apple of abusing its monopolistic position by blocking Fortnite from the app store when Epic introduced its own payment system, allowing users to bypass the 30% fee imposed by Apple.

Epic Games has also lodged similar allegations against Google, claiming that the tech giant hindered users from downloading their app on Android devices to force them to accept “exorbitant” 30% commissions on in-app purchases made through their store.

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The source of the article is from the blog girabetim.com.br