North Carolina-Born Trial Lawyer Fred Cunningham of Rafferty Domnick Cunningham & Yaffa Published in Atlanta’s Daily Report on Landmark Litigation Funding Law

PALM BEACH GARDENS, Fla., July 13, 2026 (GLOBE NEWSWIRE) -- Fred A. Cunningham, a shareholder at Rafferty Domnick Cunningham & Yaffa and a North Carolina-born trial lawyer, has been published in Daily Report, Atlanta’s leading legal publication, with a thought leadership column examining North Carolina’s landmark decision to become the first state in the nation to effectively ban third-party litigation funding.

The article, “Banning Litigation Funding Doesn’t Solve the Problem. It Just Makes Justice More Expensive,” explores what Cunningham believes is a critical distinction that has been lost in the national debate: the difference between regulating litigation funding and eliminating it altogether.

While acknowledging that the industry deserves greater transparency and appropriate safeguards, Cunningham argues that banning litigation funding risks making the civil justice system less accessible for individuals and families already facing overwhelming financial pressure after catastrophic injuries, medical negligence, or other serious losses.

As someone who grew up in North Carolina before building a distinguished trial practice in Florida, Cunningham said he felt compelled to write because the state’s action is likely to influence lawmakers well beyond its borders.

“North Carolina will not be the last state to wrestle with this issue,” Cunningham said. “When one state becomes the first to take a step this significant, legislatures across the country start paying attention. I wanted to encourage a broader conversation before other states decide that eliminating litigation funding is preferable to regulating it. Those are two very different policy choices with very different consequences.”

In the article, Cunningham explains that the greatest obstacle facing many plaintiffs is not proving liability but having the financial ability to sustain years of complex litigation. He notes that ethical rules appropriately prohibit lawyers from lending clients money for living expenses during litigation, leaving many injured people with few realistic financial options while cases move through the courts.

Rather than defending every aspect of the litigation funding industry, Cunningham advocates for reforms that promote disclosure, transparency, and client protection while preserving access to the civil justice system for those with legitimate claims.

He also cautions that states considering similar legislation—including Florida—should carefully evaluate how such laws could reshape the balance between plaintiffs and well-funded institutional defendants.

“Florida has long been a national leader in shaping civil justice policy, and lawmakers here will undoubtedly be watching what happens in North Carolina,” Cunningham said. “Whatever position someone takes on litigation funding, the conversation should begin with a simple question: What happens to people with legitimate claims who cannot afford to see their cases through? If we don’t answer that honestly, we risk making access to justice depend less on the facts of a case than on the financial resources of the person bringing it.”

Cunningham’s publication reflects Rafferty Domnick Cunningham & Yaffa’s ongoing commitment to contributing thoughtful perspectives on issues affecting the civil justice system, access to the courts, and the rights of individuals confronting powerful institutions.

About Rafferty Domnick Cunningham & Yaffa

Rafferty Domnick Cunningham & Yaffa is a leading Florida law firm dedicated to advocating for victims of mass torts, medical malpractice and corporate negligence. With a track record of holding powerful institutions accountable, the firm fights for justice on behalf of individuals and families affected by preventable harm.

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