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ALLSTATE SETTLEMENT CORP. v. RAPID SETTLEMENTS

No. 07-3224.

559 F.3d 164 (2009)

ALLSTATE SETTLEMENT CORPORATION; Allstate Life Insurance Company v. RAPID SETTLEMENTS, LTD.; Andino Ward Rapid Settlements, Ltd., Appellant.

United States Court of Appeals, Third Circuit.

Filed: March 3, 2009.

Attorney(s) appearing for the Case

Monica Cavazos-Rosas, Esquire, Susan F. Hatcher, Esquire, Stewart A. Feldman, Esquire, The Feldman Law Firm, LLP, Houston, TX, Attorneys for Appellant.

Stephen R. Harris, Esquire, Katherine L. Villanueva, Esquire, Drinker Biddle & Reath LLP, Philadelphia, PA, Attorneys for Appellees.

Before: AMBRO, WEIS and VAN ANTWERPEN, Circuit Judges.

OPINION

WEIS, Circuit Judge.

State legislation requires court approval of the transfer of future periodic payments provided by a structured settlement of a personal injury claim. In this case, a factoring company sought to evade that requirement by the use of arbitration after a state court refused to approve a lump sum payment in exchange for the rights to future installments. The District Court criticized the factoring company's practices and entered declaratory...

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