Arizona § 12-3452 Preserving consumer control and recoveries

Arizona Statutes

§ 12-3452 — Preserving consumer control and recoveries

Arizona § 12-3452

Title 12Arizona Revised Statutes

Ch. 28LITIGATION FINANCING

Art. 1General Provisions

This text of Arizona § 12-3452 (Preserving consumer control and recoveries) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 12-3452 (2026).

Text

A.A litigation financier may not direct or make any decisions with respect to the course of any action that is subject to a litigation financing agreement or any settlement or other disposition thereof, including decisions concerning appointing or changing counsel, choice of or use of expert witnesses and litigation strategy. The named party and counsel of record shall retain all rights to control and decision-making with regard to the action.

B.If there has been a prior disclosure of the existence of litigation financing in a class action litigation, the court shall consider the existence of litigation financing and any related conflicts of interest when determining whether a class representative or class counsel would adequately and fairly represent the interests of the class.

C.If

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A. A litigation financier may not direct or make any decisions with respect to the course of any action that is subject to a litigation financing agreement or any settlement or other disposition thereof, including decisions concerning appointing or changing counsel, choice of or use of expert witnesses and litigation strategy. The named party and counsel of record shall retain all rights to control and decision-making with regard to the action.

B. If there has been a prior disclosure of the existence of litigation financing in a class action litigation, the court shall consider the existence of litigation financing and any related conflicts of interest when determining whether a class representative or class counsel would adequately and fairly represent the interests of the class.

C. If there has been a prior disclosure of the existence of litigation financing in multidistrict litigation, the court shall consider the existence of litigation financing and any related conflicts of interest when approving or appointing counsel to leadership positions. For the purposes of this subsection, "leadership positions" means any lead counsel, colead counsel, common benefit counsel, steering committee membership, executive committee membership and other similar positions or roles.