Topic
Usury
137 published works
SCC Blog
Mere act of charging high interest doesn’t amount to abetment to commit suicide: Delhi High Court
Delhi High Court: While hearing a petition challenging he order dated 6 January 2023 (impugned order), wherein the Trial Court had discharged Respondents 2 and 3 of the offence under…
Consumer Finance Monitor
Moreno-Davidson Bill Seeks to Reverse Tenth Circuit and Restore Interest Rate Exportation Parity Between State and National Banks
By Alan S. Kaplinsky, Burt M. Rublin, Ronald K. Vaske
On February 12th, Senator Bernie Moreno and Representative Warren Davidson introduced the American Lending Fairness Act of 2026, legislation designed to restore long-standing federal interest rate exportation authority for state-chartered…
Commercial Case Notes
Guaranty Did Not Waive Usury Defense
By John Lundin
On November 10, 2025, Justice Walsh of the Westchester County Commercial Division issued a decision in Blue Elephant Specialty Fin. Fund, LP v. Gaspard & Menon Constr., LLC, 2025 NY…
Commercial Case Notes
Merchant Cash Advance Agreement not Usurious Loan
By John Lundin
On December 11, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in EN OD Capital v. Jac Contr. Servs. LLC, 2025 NY Slip Op. 34851(U), holding…
Consumer Finance Monitor
Colorado “Opt-Out” Litigation – Petition for Rehearing En Banc And Amicus Briefs in Support
By Burt M. Rublin, Alan S. Kaplinsky
As we previously reported, on November 10, 2025 the Tenth Circuit rendered its 2-1 decision in National Association of Industrial Bankers v. Weiser. It held that a loan is “made”…
New York Attorney Malpractice Blog
Usury Or Not and How the Attorney Might Be Responsible
“But for” causation is highlighted in the technical description of a commercial loan and its consequences in Salamone v Deily & Glastetter, LLP 2025 NY Slip Op 04846 [241 AD3d…
Consumer Finance Monitor
Webinar: Understanding the 10th Circuit’s Colorado Opt-Out Decision
The Tenth Circuit’s November 10 decision in National Association of Industrial Bankers v. Weiser marks the first appellate interpretation of a state’s opt-out authority under Section 525 of DIDMCA—and it…
Consumer Financial Services Review
DIDMCA Opt-Out Update — Tenth Circuit Reverses Colorado Preliminary Injunction
Litigation involving Colorado’s opt-out from the interest exportation provisions of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA) has taken an adverse turn for the financial services…
Unpredictable
Comments on Recent Cases: September 2025
By Will Newman
Image credit: https://en.wikipedia.org/wiki/Suspension_of_Jimmy_Kimmel_Live!#/media/File:Jimmy_Kimmel_June_2022.jpgPart of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent…
New York Attorney Malpractice Blog
A Complicated Loan Deal Gone Bad and Legal Malpractice
Salamone v Deily & Glastetter, LLP 2025 NY Slip Op 04846 Decided on September 04, 2025 Appellate Division, First Department demonstrates how clever loan scrivining can run afoul of usury…