Arguing Class Actions: If You Can’t Beat ‘Em, Tax ‘Em

Adam Levitt and Dan Schwartz of DiCello Levitt argue that Sen. Thom Tillis’s proposed punitive tax on litigation funding is a deliberate attempt to weaponize the tax code to choke off plaintiff-side capital, distort risk economics by taxing gains while ignoring losses, and quietly reshape the civil justice system in favor of well-funded corporate defendants by making meritorious class actions harder, riskier, and in some cases impossible to bring.

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