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A clear line of case law is emerging that holds litigation funding agreements are generally not subject to state usury restrictions, but a pair of high-profile cases—one that arose out of the $1 billion NFL concussion settlement and the other linked to a fund for 9/11 victims—may complicate matters.
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Max Mitchell is a reporter with The Legal Intelligencer, focusing on litigation in Pennsylvania with a specific emphasis on Philadelphia courts. Follow him on Twitter @MMitchellTLI.