Bill Details

HR.1109 - 119th Congress

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AI Summary This summary was generated by AI from the bill text. AI can get information wrong.

This bill would require parties in civil lawsuits to tell the court and the other sides if any outside person or group has a financial interest that depends on how the case turns out. It also would require sharing the agreement that gives that person or group the right to be paid. The goal is to make these funding arrangements more open and easier to review, while still allowing some normal loan and legal fee arrangements to stay private.

  • In most civil cases, the party or its lawyer would have to disclose the identity of anyone, other than the lawyer, who could receive money or something valuable based on the outcome of the case.
  • The party would also have to give the court and the other parties any agreement related to that payment right, unless the court orders otherwise.
  • These disclosure rules would not apply if the payment is only for repayment of a loan principal, a loan principal plus limited interest, or reimbursement of attorney’s fees.
  • The disclosure must be made within 10 days after the agreement is signed or when the case is filed, whichever happens later, and it must be updated if it later becomes incomplete or wrong. The rule would apply to cases already pending and to future cases once the bill becomes law.

Official Summaries

Litigation Transparency Act of 2025

This bill generally requires parties in a civil action to disclose to the court and other named parties the identity of any person (other than counsel) that has a right to receive a payment or thing of value contingent upon the outcome of the civil action. The bill also requires parties to produce the agreement creating the contingent right to payment or a thing of value.

These requirements apply to claims that are pending on or commenced after this bill's date of enactment.

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1109 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 1109

To amend title 28, United States Code, to provide for transparency and 
        oversight of third-party beneficiaries in civil actions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2025

Mr. Issa (for himself, Mr. Collins, and Mr. Fitzgerald) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 28, United States Code, to provide for transparency and 
        oversight of third-party beneficiaries in civil actions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Litigation Transparency Act of 
2025''.

SEC. 2. TRANSPARENCY AND OVERSIGHT OF THIRD-PARTY BENEFICIARIES IN 
              CIVIL CASES.

    (a) In General.--Chapter 111 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1660. Third-party beneficiary disclosure
    ``(a) In General.--Except as provided in subsection (b), in any 
civil action, a party or any counsel of record for a party shall--
            ``(1) disclose in writing to the court and all other named 
        parties to the civil action the identity of any person (other 
        than counsel of record) that has a right to receive any payment 
        or thing of value that is contingent on the outcome of the 
        civil action or a group of actions of which the civil action is 
        a part; and
            ``(2) produce to the court and to each other named party to 
        the civil action, for inspection and copying, any agreement 
        creating a contingent right referred to in paragraph (1), 
        including any ancillary agreement or document, except as 
        otherwise stipulated or ordered by the court.
    ``(b) Exception.--The requirements under subsection (a) shall not 
apply with respect to a person that has a right to receive payment 
described in subsection (a)(1) if the right to receive payment is 
solely--
            ``(1) the repayment of the principal of a loan;
            ``(2) the repayment of the principal of a loan plus 
        interest that does not exceed the higher of 7 percent or a rate 
        two times the annual average 30-year constant maturity Treasury 
        yield, as published by the Board of Governors of the Federal 
        Reserve System, for the year preceding the date on which the 
        relevant agreement was executed; or
            ``(3) the reimbursement of attorney's fees.
    ``(c) Timing.--The disclosures required by subsection (a) shall be 
made not later than the later of--
            ``(1) 10 days after the execution of any agreement 
        described in subsection (a)(2); or
            ``(2) the time of the filing of the action before the 
        court.
    ``(d) Duty To Correct.--A party or counsel of record that made a 
disclosure required by this section shall supplement or correct each 
such disclosure in a timely manner--
            ``(1) if such party or counsel of record learns that the 
        disclosure is or has become incomplete or incorrect in some 
        material respect, if the additional or corrective information 
        has not otherwise been made known to the other parties during 
        the discovery process or in writing; or
            ``(2) as ordered by the court.''.
    (b) Clerical Amendment.--The table of sections for chapter 111 of 
title 28, United States Code, is amended by adding at the end the 
following:

``1660. Third-party beneficiary disclosure.''.

SEC. 3. APPLICABILITY.

    The amendments made by this Act shall apply to any civil action 
pending on or commenced after the date of enactment of this Act.
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