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Federal Court Decides That Litigation Funders Can ‘Stay In The Shadows’

January 29, 2017  |   Posted by :   |   Litigation Funding   |   Comments Off on Federal Court Decides That Litigation Funders Can ‘Stay In The Shadows’

Litigation funding companies “can continue their work almost entirely in secret” in the United States District Court for the Northern District of California, which this week “rejected a proposed rule change that would have required attorneys to disclose when their cases receive backing from third parties,” the San Francisco Chronicle reported yesterday. The court had considered […]

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Litigation Funding Arrangement Gave Company Too Much Control, Violated North Carolina’s Public Policy Against Champerty, Says Court

January 26, 2017  |   Posted by :   |   Litigation Funding   |   Comments Off on Litigation Funding Arrangement Gave Company Too Much Control, Violated North Carolina’s Public Policy Against Champerty, Says Court

A federal court judge last week refused to approve a litigation financing arrangement because it was champertous. The court in In Re DesignLine Corp., Case No. 13-31943/Case No. 13-91944, 2017 Bankr. LEXIS 182 (Bankr. W.D.N.C. Jan. 20, 2017), said that a bankruptcy trustee’s arrangement with a litigation funding company violated North Carolina’s public policy against […]

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Investment in Viatical Deal Leads to Lawsuit Lifespans Last Longer Than Expected

January 26, 2017  |   Posted by :   |   Life Settlements   |   Comments Off on Investment in Viatical Deal Leads to Lawsuit Lifespans Last Longer Than Expected

A dispute over an investment in viaticals will be litigated in New York, rather than California, a federal court decided last week. And in deciding to transfer the matter to the federal court for the Southern District of New York, the court in Amberger v. Legacy Capital Corp., Case No. 16-cv-05622-JSC, 2017 U.S. Dist. LEXIS 8392 […]

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One of Two Counts Survive Motion to Dismiss by Finance Company, in Litigation Over Invalidated Structured Settlement Factoring Transfer

January 14, 2017  |   Posted by :   |   Structured Settlements   |   Comments Off on One of Two Counts Survive Motion to Dismiss by Finance Company, in Litigation Over Invalidated Structured Settlement Factoring Transfer

In November, a federal court pointed out that “[a]s a caution to those investing in these [structured settlement factoring transactions], a court can later vacate the sale of the . . . payments when the underlying plaintiff selling his . . . payments lacked authority to sell . . . leaving the eventual investors without the […]

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Lawyer Pleads Guilty to Wire Fraud Count in Life Settlements Scam, Say Reports

January 06, 2017  |   Posted by :   |   Life Settlements   |   Comments Off on Lawyer Pleads Guilty to Wire Fraud Count in Life Settlements Scam, Say Reports

A Connecticut lawyer has pleaded guilty to wire fraud charges arising from a life settlements scam, according to news reports based on information from the U.S. attorney’s office. The criminal investigation was focused on a scam whereby the lawyer and others offered senior citizens the promise of free life insurance for two years, after which the policies would be […]

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News Report: Litigation Funders’ Lawsuit Says New York AG’s Attempt to Recoup Fees Paid by 9/11 Victims Would Hurt Business

January 06, 2017  |   Posted by :   |   Litigation Funding   |   Comments Off on News Report: Litigation Funders’ Lawsuit Says New York AG’s Attempt to Recoup Fees Paid by 9/11 Victims Would Hurt Business

The New York Post this week reported that a litigation funding company has filed a lawsuit against New York’s Attorney General over his “attempt to recoup $1.6 million in ‘excessive’ fees paid by 9/11 victims for cash advances on government payments.” The report (9/11 Fee Lawsuit) also says that RD Legal Funding Partners’ lawsuit against New […]

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Court Grants Rescission in Stranger-Originated Life Insurance Lawsuit

January 03, 2017  |   Posted by :   |   Life Settlements   |   Comments Off on Court Grants Rescission in Stranger-Originated Life Insurance Lawsuit

A plaintiff’s lawsuit seeking to enforce a stranger-originated life insurance policy resulted instead in a court ruling in favor of the insurer seeking to rescind the policy. In addition, the court in Ashkenazi v. AXA Equit. Life Ins. Co., 115034/07, 2016 NY Slip Op 31882(U), Supreme Court, New York County, N.Y. (N.Y. Sup. Ct. Oct. […]

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Maryland Courts Revise Rules for Structured Settlement Protection Act Proceedings

December 30, 2016  |   Posted by :   |   Structured Settlements   |   Comments Off on Maryland Courts Revise Rules for Structured Settlement Protection Act Proceedings

The Maryland judiciary this month has revised the rules governing actions filed pursuant to that state’s structured settlement protection act. The rule revises the requirements concerning documents to be filed by factoring companies that seek judicial approval of transfers under the structured settlement protection act – list of documents that now includes a copy of […]

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Court Ruled Factoring Company Failed to Make Claim, But SSPA’s No-Payee-Liability Provision Also Might Have Protected Payee from Claim

December 16, 2016  |   Posted by :   |   Structured Settlements   |   Comments Off on Court Ruled Factoring Company Failed to Make Claim, But SSPA’s No-Payee-Liability Provision Also Might Have Protected Payee from Claim

As described in this post, in the case is captioned In re A Transfer of Structured Settlement Payment Rights by Saucier, No. 2015-CA-00847-COA, 2016 Miss. App. LEXIS 801 (Miss. Ct. App. Dec. 13, 2016), the appellate court affirmed the dismissal of any claims for damages against structured settlement payee Benny Ray Saucier by factoring company RSL Funding, LLC, because […]

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No Damages For Factoring Company that Failed to Plead, Says Mississippi Appellate Court

December 15, 2016  |   Posted by :   |   Structured Settlements   |   Comments Off on No Damages For Factoring Company that Failed to Plead, Says Mississippi Appellate Court

A secondary market dispute with a “highly complex” history has resulted in another decision favoring the payee over a factoring company that sought to obtain the payee’s structured settlement payment rights. The case is captioned In re A Transfer of Structured Settlement Payment Rights by Saucier, No. 2015-CA-00847-COA, 2016 Miss. App. LEXIS 801 (Miss. Ct. App. Dec. 13, 2016), […]

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