A Philadelphia judge has declined to toss a litigation funder‘s lawsuit that alleges a solo practitioner failed to distribute settlement proceeds to the lending company after his client took out a cash advance to pursue a personal injury claim.

Philadelphia Court of Common Pleas Judge Ramy Djerassi on Thursday denied Philadelphia attorney Louis Jay Arnold’s motion to dismiss the case Thrivest Legal Funding v. Arnold, which is being handled in Philadelphia’s commerce program. The decision to deny the attorney’s motion for judgment on the pleadings allows Thrivest’s breach of contract and tortious interference claims to move forward.