Delaware Superior Court · US (DE) · 2016 · Decided
Citation/Docket: 2016 WL 937400 (Del. Super. Mar. 9, 2016)
Posture: Defendant attacked plaintiff's funding as champertous
Funder(s) involved: Burford Capital
DuPont argued CIT's funding agreement with Burford was champertous/maintenance and stripped CIT of real-party-in-interest status.
Rejected, funder had no control of the litigation and no assignment of the claim; agreement lawful in Delaware.
The control/assignment line is the key champerty firewall in commercial funding: passive, non-controlling capital survives.
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Compiled from public sources (court filings, published opinions, and secondary reporting) as part of the Institute's Phase 1 Dispute Library research. This is educational material, not legal advice; case citations should be independently verified before relied upon.