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By Allowing Litigation Funder to Recover From Ex-Player, Judge’s Ruling In NFL Concussion Litigation Both Raises Questions While Pointing To Possible Answer

By Allowing Litigation Funder to Recover From Ex-Player, Judge’s Ruling In NFL Concussion Litigation Both Raises Questions While Pointing To Possible Answer

As described here, the judge overseeing the $1 billion settlement of claims by ex-National Football League players against the NFL ordered attorneys for the ex-players to disclose information about prohibited litigation funding agreements. The same judge, Anita B. Brody, in December, 2017, had ruled that litigation funding agreements were violative of the court’s order approving the settlement. One litigation funding company appealed that ruling (see here). The December 2017 ruling did not go as far as it could have, in that…

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Report: Litigation Funding Company Contends NFL Concussion Settlement’s Assignment Ban Is Unclear

Report: Litigation Funding Company Contends NFL Concussion Settlement’s Assignment Ban Is Unclear

A Law.com report last week says that a litigation funding company – which has entered into purported litigation funding agreements with 42 ex-National Football League players – asserts that the order that prohibits assignment is unclear. In a March 13, 2018, story on Law.com (NFL Lit Funding Demands Details of Assignment Agreement Ban, available here) reporter Max Mitchell writes that a “Thrivest Specialty Funding filed a letter to U.S. District Judge Anita Brody of the Eastern District of Pennsylvania, asking…

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Will NFL ‘Feeding Frenzy’ Lead to ‘Watershed’ Moment – and Greater Disclosure – for Litigation Funding?

Will NFL ‘Feeding Frenzy’ Lead to ‘Watershed’ Moment – and Greater Disclosure – for Litigation Funding?

The news in July was that litigation funding companies were engaging in a “feeding frenzy” of agreements with former National Football League players who could be among the nearly 5,000 NFL veterans entitled to a share of the $1 billion concussion claims settlement. The latest news reports two new twists: that the agreements are being challenged en masse, in ways that involve some unusual procedural means, and that a lead attorney in the concussion lawsuit – who has voiced criticisms of…

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