New Jersey Appellate Court Upholds Legal Bay Funding Agreement, Rejecting Statutory Challenges
A New Jersey appeals court has upheld the enforceability of a consumer legal funding agreement, ruling that state insurance and medical-lien statutes do not limit a privately negotiated contract between a funder and an injured plaintiff.
In Viglianti v. Blue, decided July 14, 2026, the Superior Court of New Jersey, Appellate Division, affirmed a trial court's order directing that $166,382.30 in settlement proceeds be paid to Legal Bay, LLC. The New Jersey-based funder had advanced $90,000 to cover spinal-fusion surgery and related care for Michael Viglianti, who had exhausted his personal injury protection coverage after a 2020 automobile accident. Under the agreement, Legal Bay would be repaid with interest only if Viglianti recovered in his underlying suit, which later settled for $250,000.
After the settlement, Viglianti argued the agreement was unenforceable because it conflicted with New Jersey's PIP medical fee schedules (N.J.S.A. 39:6A-12 and 39:6A-4.6) and a statute capping physician and dentist liens at 25% (N.J.S.A. 2A:44-39). The panel rejected each argument, reasoning that those provisions govern claims against tortfeasors and payments by insurers — not a private agreement voluntarily entered by a represented party. The court also emphasized that the agreement paid for medical care rather than the litigation itself.
The unpublished opinion noted its limited scope, declining to assess whether the return was fair, and observed that the Legislature is weighing bills (S. 2357 / A. 2159) that would regulate and cap litigation funding agreements.








