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Montani semper liberi — “Mountaineers are Always Free”

This article was contributed by Eric Schuller, President of the Alliance for Responsible Consumer Legal Funding. 

Montani semper liberi; “Mountaineers are Always Free” is the motto of the State of West Virginia, but apparently the motto only applies to a select group of Mountaineers. The Legislature of West Virginia passed – and the Governor signed into law – Senate Bill 360 which sets out to regulate Consumer Legal Funding in the state. Unfortunately, SB 360 is a set of meaningless regulations, given that the legislation implements rate restrictions on the Consumer Legal Funding Industry which restrict the product from even being offered to the citizens of the state. So in essence, SB 360 bans the product altogether.

A similar rate was introduced and enacted in Arkansas in 2017, and the product has not been offered there since. What is interesting is that Arkansas and West Virginia are among the top 10 poorest states in the country, meaning their citizens are consumers who can least afford to lose a significant source of financial support that would otherwise be available to them. Then again, perhaps that’s the Insurance industry’s reason for targeting these states in the first place.

Consumer Legal Funding is a lifeline for people who have a pending legal claim, such as a car accident. It allows them to put food on the table while their case is making its way through the legal system. Like Alice from West Union, WV who stated, “I am unable to work and having a really hard time providing for my kids, and this is a major help.” Or Mary from Follansbee, WV who said “It helped prevent shut off notices, and paid my rent”. Unfortunately, consumers like Mary and Alice will no longer have the ability to help make ends meet thanks to the enactment of SB 360.

This legislation was driven by the Insurance industry and the US Chamber of Commerce, with the sole purpose of eliminating access to this vital financial resource. The industry tried to work with the legislature in reaching a compromise that would allow for proper regulation and oversight, yet still permit the industry to operate. But at every turn, the US Chamber of Commerce, the Insurance Industry and their lobbyists swooped in and leveraged their might against consumers in order to prevent this product from being offered.

Montani semper liberi – “Mountaineers are Always Free” – that motto is supposed to apply to all citizens of West Virginia. Unfortunately, those with enough clout and influence can relinquish the freedom of citizens to access a financial product which allows them to make ends meet, while the multibillion-dollar insurance industry increases profits and squeezes out the very consumers that SB 360 is ostensibly trying to help.

Eric Schuller
President
Alliance for Responsible Consumer Legal Funding

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Announcements Consumer

Legal-Bay Lawsuit Funding Announces Commercial Litigation/Breach of Contract Lawsuit Filed Against Developer Hart Lyman Companies

By Harry Moran |

Legal-Bay, a leading presettlement lawsuit funding company, announces a commercial litigation / breach of contract lawsuit filed against Hart Lyman Companies. The prominent Syracuse-based real estate developer was sued late Tuesday in New York State Supreme Court, Onondaga County. FILED: ONONDAGA COUNTY CLERK 01/07/2025 05:48 PM INDEX NO. 000134/2025

The plaintiff, Jonathon Geller, a longtime investor with Hart Lyman Companies, is suing for delinquent payments on investments and inspection of books and records of eight separate entities, which he alleges the companies have not complied with. Hart Lyman Companies is currently working on the largest development in central New York history, the Great Northern Mall, whose purchase was predicated upon its close proximity to the future site of Micron Technologies. Micron has committed $100 billion toward developing multiple chip fabricating facilities in Clay, NY. The plaintiff is also an investor in the Great Northern Mall project.

The plaintiff is represented by the LAZARE POTTER GIACOVAS & MOYLE LLP law firm in New York City by Robert A. Giacovas, Esq.

Chris Janish, CEO of Legal-Bay, commented, "Our firm is familiar with breach of contract and other commercial litigation such as this, and we do our best to work with plaintiffs who are having financial difficulties litigating matters against larger defendants.  Cases of this nature can take a long time to work their way through the courts and recover funds, regardless of the nature of the claims.  Due to the importance of the Great Northern Mall project for residents of central New York, we will continue to monitor updates of this case."

If you're looking for pre-settlement cash from your commercial litigation lawsuit or need a cash advance from your anticipated settlement for any other type of lawsuit, please visit the company's website HERE or call 877.571.0405 where agents are standing by to hear about your specific case. 

Legal-Bay funds commercial litigation and breach of contract cases, as well as many other types of lawsuits such as wrongful imprisonment, whistleblower or Qui-Tam, wrongful termination, personal injury, slips and falls, car, boat, or construction accidents, medical malpractice, wrongful death, dog bites, police brutality, sexual assault, sexual abuse, judgment or verdict on appeal, contract dispute, False Claims Act, patent litigation, copyright infringement, and many more. Legal-Bay has recently secured additional capital for these and other types of cases, and encourages plaintiffs or attorneys that have been denied funding in the past to apply with Legal-Bay.

Legal-Bay's loan for settlement funding programs are designed to provide immediate cash in advance of a plaintiff's anticipated monetary award. While it's common to refer to these legal funding requests as settlement loans, loans for settlements, lawsuit loans, loans for lawsuits, etc., the "lawsuit loan" funds are, in fact, non-recourse. That means there's no risk when it comes to loans in lawsuit settlements because there is no obligation to repay the money if the recipient loses their case. Therefore, terms like settlement loan, loans for lawsuit, loans on settlement, or law suit loan funds don't necessarily apply, as the "loan on lawsuit" isn't really a loan at all, but rather a stress-free cash advance.

Legal-Bay is known to many as the best lawsuit funding provider in the industry for their helpful and knowledgeable staff, and one of the best lawsuit loan companies overall for their low rates and quick turnaround, sometimes within 24-48 hours once all documents have been received.To apply right now for a loan settlement program, please visit the company's website HERE or call toll-free at: 877.571.0405 where agents are standing by to answer any questions.

Consumer

Litigation Funding Found to be “Not Relevant” in E. Jean Carroll’s Sexual Abuse and Defamation Case Against Donald Trump

By John Freund |

The Second Circuit upheld the $5 million verdict in Carroll v. Trump, rejecting President Trump’s claims of trial court errors, including the handling of litigation funding evidence. Trump’s legal team argued that litigation funding for E. Jean Carroll’s lawsuit, provided by an anonymous nonprofit, was relevant to her credibility and potential bias. The court disagreed, emphasizing that such evidence had minimal probative value.

As reported in Reason.com, the court noted that Carroll’s case was primarily taken on a contingency fee basis, with supplemental funding obtained by her legal team in 2020. Carroll had little involvement with the funding arrangement, learning about it after the fact and having no subsequent discussions with her counsel about it for years. The appellate court agreed with the trial court’s finding that Carroll’s lack of engagement with the funding made it irrelevant to assessing her credibility.

Trump’s team had argued the funding demonstrated bias or a politically motivated agenda, but the court dismissed this, highlighting that Carroll publicly accused Trump of sexual assault long before the funding was secured. Additionally, Carroll and her key witnesses had openly acknowledged their political opposition to Trump, making the funder’s potential political affiliations redundant in establishing bias.

The court emphasized that litigation funding rarely impacts credibility and that introducing such evidence risks unfair prejudice and jury distraction. This decision reinforces the judiciary's cautious approach to litigation funding disclosure in trials.

Announcements Consumer

Tribeca Lawsuit Loans To Provide Legal Funding To Transferred FCI Dublin Prisoners

By John Freund |

Two lawyers, Susan Beaty and Kara Janssen, have been actively advocating for the women of FCI Dublin and have uncovered alarming reports of sexual harassment and assault. The incarcerated women have since been relocated to various federal prisons across the country, including a facility in Aliceville, Alabama.

Tribeca Lawsuit Loans provides pre-settlement funding to empower the FCI Dublin victims to pursue justice during this difficult time.

Abuse Persists After FCI Dublin's Closure

Earlier this year, the FCI Dublin was shut down due to the pervasive sex abuse scandal involving prison staff. As a result, the women incarcerated were relocated to different federal prisons nationwide, including Aliceville in Alabama. Instead of finding relief and rehabilitation, more reports of abuse and retaliation have emerged for speaking out against the past misconduct that occurred in Dublin.

According to Beaty and Janssen, multiple women relocated to FCI Aliceville experienced harassment because of their affiliation with the Dublin scandal. Additionally, several women came out claiming that they were sexually assaulted by the guards at Aliceville.

These series of abuses and their nature deeply ingrained within the system highlights the flaws within the Bureau of Prisons (BOP). Although the BOP has conducted investigations and mass interviews, this did little to give security and restore trust among incarcerated women. Reports of poor confinement conditions and lack of access to mental health services only make it harder for these women to deal with the trauma.

Tribeca's Commitment to Human Rights

Tribeca Lawsuit Loans is deeply committed to respect for human rights, including the right to safety and dignity even in correctional facilities. Understanding the need for justice in these circumstances, Tribeca introduces its initiatives to provide lawsuit loans for the victims of abuse at FCI Dublin and other federal prisons.

Legal battles against large institutions like the BOP can be a huge undertaking and could require significant resources. Most of the victims and their families don't have the financial means to pursue their cases, especially in instances of mistreatment and abuse.

Tribeca Lawsuit Loans aims to empower the victims by aiding them financially to secure skilled legal representation and cover necessary expenses without upfront costs.

Tribeca Lawsuit Loans to Provide Legal Funding for Prison Abuse Victims

Tribeca Lawsuit Loans extends financial assistance to prisoners at FCI Aliceville and other related facilities through lawsuit cash advances, also known as pre-settlement loans, based on the class action lawsuit filed against the Bureau of Prisons. This legal action addresses the allegations of misconduct and abuse within federal prisons, emphasizing cases of sexual abuse involving prison staff.

Tribeca's dedication extends beyond financial support. It is a catalyst for systemic change within the federal prison. By collaborating with victims, lawyers and advocacy groups, Tribeca hopes to bring these injustices to the forefront and hold the responsible parties accountable.

If you or someone close to you require financial support in the middle of an ongoing case, don't hesitate to reach out. Call us now at (866) 388-2288 or apply online via our secure online form.

ABOUT US: TRIBECA Capital Group is a litigation finance company funding those across the nation involved in lawsuits, and need an upper hand financially to level the playing field.