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New York Court Holds That Usury Is Determined by Total Amount of Loan, Not Amount Actually Advanced

On February 1, 2024, a New York trial court held that the amount of a loan, and not the amount actually advanced to the borrower, is the relevant measurement to determine if New York’s criminal usury statute applies....more

5/15/2024  /  Breach of Contract , Loans , New York , Usury

Ninth Circuit Addresses Issue of First Impression Concerning the Usury Defense Under California Law

On May 25, 2023, the U.S. Court of Appeals for the Ninth Circuit, in a two-to-one split decision, held that an exemption to California’s usury laws for certain “aggregate” loan amounts applies only to indebtedness of a single...more

Southern District of New York Finds Plaintiffs Precluded from Bringing Affirmative Claims Based on Usury

On September 20, 2022, the U.S. District Court for the Southern District of New York dismissed affirmative claims based on allegations of usury. In May 2021, the plaintiffs and the defendant entered into a funding agreement...more

11/1/2022  /  New York , Usury

Southern District of New York Finds Usury Claim Subject to Choice-of-Law Provision as a Contractual Claim, Not a Tort Claim

On June 6, 2022, the U.S. District Court for the Southern District of New York found that a contractual New York choice-of-law provision precluded a borrower-plaintiff from obtaining summary judgment on a usury claim brought...more

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