Justinian Capital SPC Ex Rel. Blue Heron Segregated Portfolio v. WestLB AG

This case requires us to determine whether the transfer of notes from nonparty Deutsche Pfand-briefbank AG (DPAG) to plaintiff Justinian Capital SPC was champertous as a matter of law and, if so, whether the statutory safe harbor provision applies. Because the answer to each of these two questions depends on the intent of one or both of the parties to that transaction, and such intent is—as in almost all cases—a factual issue, I cannot agree with the majority of this Court that summary judgment is appropriate here. Therefore, I respectfully dissent.

I. Champerty

We need not travel back to…