viagra without prescription canada

Archive by Author

In Lawsuit Over Settlement Payment Transaction – Approved by a Court Order that Was Later Invalidated for Fraud – Court Says Financial Advisors Breached Contract

April 03, 2017  |   Posted by :   |   Structured Settlements   |   Comments Off on In Lawsuit Over Settlement Payment Transaction – Approved by a Court Order that Was Later Invalidated for Fraud – Court Says Financial Advisors Breached Contract

The latest ruling in the litigation over an invalidated court order – that approved a transfer of structured settlement payment rights, but later was found to be void due to fraud – is a win for the re-assignee investors, and a loss for their financial advisors. The court in Wall v. Altium found that the […]

Read More »

Champerty Still Valid Defense in Kentucky, So Litigation Funding Agreements Are Void, Says Court

March 31, 2017  |   Posted by :   |   Litigation Funding   |   Comments Off on Champerty Still Valid Defense in Kentucky, So Litigation Funding Agreements Are Void, Says Court

A series of litigation funding agreements were champertous and therefore void under Kentucky law, a federal court has ruled. In Boling v. Prospect Funding Holdings, Civil Action No. 1:14-CV-0008-1-00081-GNS-HBB, 2017 U.S. Dist. LEXIS 48098 (W.D. Ky. Mar. 30, 2017), the federal district court reviewed the claims of an individual who had entered into a series […]

Read More »

Comments in Law Journal Article Make Connection Between Rule Against Private Investment in Law Firms, Need for Litigation Funders to ‘Tread Carefully’

March 27, 2017  |   Posted by :   |   Litigation Funding   |   Comments Off on Comments in Law Journal Article Make Connection Between Rule Against Private Investment in Law Firms, Need for Litigation Funders to ‘Tread Carefully’

The New York Law Journal has reported that a federal appeals court this month “rejected an attempt to loosen restrictions on private investment in the legal industry, dismissing arguments that ethics rules on so-called fee splitting’ impinge on lawyers’ First Amendment rights.” In the article, headlined Second Circuit Upholds Ban on Private Investment in Law Firms, […]

Read More »

National Law Journal Reports on Why Litigation Funding Business Chose Not to Oppose Legislation Requiring Disclosure in Class Actions

March 18, 2017  |   Posted by :   |   Litigation Funding   |   Comments Off on National Law Journal Reports on Why Litigation Funding Business Chose Not to Oppose Legislation Requiring Disclosure in Class Actions

A bill approved this week by the House of Representatives would require class action attorneys to disclose to federal courts the fact that a third-party litigation funding company is providing monies for the lawsuit. It’s a bill that has not drawn much, if any, opposition from the litigation funding industry, which has opposed other disclosure […]

Read More »

In Latest Opinion in Long-Running Series of Lawsuits Over Stranger-Originated Annuity Transactions, Rhode Island Court Grants Insurers’ Request for Restitution

March 16, 2017  |   Posted by :   |   Annuities   |   Comments Off on In Latest Opinion in Long-Running Series of Lawsuits Over Stranger-Originated Annuity Transactions, Rhode Island Court Grants Insurers’ Request for Restitution

For years, the story of Joseph Caramadre’s stranger-originated annuity transactions have been told and re-told in lawsuits in Rhode Island state courts and federal courts in the First Circuit. In fact, the latest opinion in such a lawsuit starts with this Rhode Island federal court Chief Judge William E. Smith saying that “Joseph Caramadre’s stranger-initiated […]

Read More »

Federal Appeals Court’s Dissenting Judge Says CFPB Is Unconstitutional, Would Have Ruled For Secondary Market Company

March 08, 2017  |   Posted by :   |   Pension Factoring,Structured Settlements   |   Comments Off on Federal Appeals Court’s Dissenting Judge Says CFPB Is Unconstitutional, Would Have Ruled For Secondary Market Company

As described here, in a 2-1 opinion, the U.S. Court of Appeals for the District of Columbia denied a motion for an injunction, pending appeal, against the Consumer Financial Protection Bureau (CFPB) by a secondary insurance market company, and rejected that company’s argument that the CFPB’s structure violates the U.S. Constitution. The unidentified company had filed […]

Read More »

D.C. Circuit Court of Appeals Rejects Secondary Market Company’s Constitutional Challenge to Consumer Financial Protection Bureau

March 07, 2017  |   Posted by :   |   Pension Factoring,Structured Settlements   |   Comments Off on D.C. Circuit Court of Appeals Rejects Secondary Market Company’s Constitutional Challenge to Consumer Financial Protection Bureau

A federal appellate court has rejected a secondary market company’s constitutional challenge to the federal  Consumer Financial Protection Bureau’s authority to investigate the company. The opinion of the U.S. Court of Appeals for the District of Columbia in Doe Co. v. Cordray, No. 17-5206 (D.C. Cir. Mar. 3, 2017) – decided with two judges in […]

Read More »

Could A Trust Have Protected Lead Paint Victims’ Structured Settlements? The Question Is Put to a Trust Company President

March 04, 2017  |   Posted by :   |   Structured Settlements   |   Comments Off on Could A Trust Have Protected Lead Paint Victims’ Structured Settlements? The Question Is Put to a Trust Company President

Structured settlement factoring got considerable attention in the past two years due in no small part to the Washington Post’s news stories about such deals involving lead paint victims in the Baltimore area. Could those structured settlements have been protected had the payments been paid into a trust? Legal Broadcast Network host Mark Wahlstrom raises […]

Read More »

IRS Memorandum About Structured Settlement Protection Acts Takes Aim at Forum-Shopping by Factoring Companies

March 03, 2017  |   Posted by :   |   Structured Settlements   |   Comments Off on IRS Memorandum About Structured Settlement Protection Acts Takes Aim at Forum-Shopping by Factoring Companies

An Internal Revenue Service memorandum appears to be aimed at discouraging factoring companies from forum shopping when seeking to obtain statutorily-required court approval of transfers of structured settlement payment rights. In a January memorandum, the IRS said that the Internal Revenue Code’s excise tax, imposed by Section 5891 of the Code, may apply when the […]

Read More »

Court Questions Rationale, Rejects Settlement Factoring Transaction

March 02, 2017  |   Posted by :   |   Structured Settlements   |   Comments Off on Court Questions Rationale, Rejects Settlement Factoring Transaction

In August, 2016, a Tioga County, New York court approved a transfer of structured settlement payment rights from a payee, Gusta Manuel, to a factoring company.  Among the reasons that were offered for that transaction was that the payee wanted to use at least some of the proceeds of the transaction for his newborn son. Six […]

Read More »