A question in a lawsuit against a legal funding company that allegedly scammed 9/11 responders and former NFL players has swapped judges’ hands.

U.S. District Court for the Southern District of New York Judge Loretta A. Preska referred a question of “whether the NFL Concussion Litigation settlement agreement forbids assignments of settlement benefits” to the U.S. District Court for the Eastern District of Pennsylvania Judge Anita Brody in the Consumer Financial Protection Bureau (CFPB) v. RD Legal Funding case, according to a Sept. 8 order.

Legal Newsline reported on the case in February, speaking to Ballard Spahr attorney Scott Pearson, who said since the case charges fraud, the CFPB had to seek New York Attorney General Eric Schneiderman in order to pursue it.

“All we know at this point is what the CFPB and the AG have alleged,” Pearson told Legal Newsline. “The actual facts could be different, and the contracts used by companies in this industry often provide strong legal defenses.”

Ballard Spahr attorney Bowen Ranney has blogged on the case, reporting in September that Brody granted a request of Co-Lead Class Counsel Christopher Seeger for a list of any retired NFL players contacted by the plaintiff and defendant, a list of all discharged NFL players who may have settled into agreements related to the NFL Concussion Settlement and a copy of any contract related to the settlement.

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