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Quik Payday relocated for summary judgment, providing three arguments beneath the inactive Commerce Clause

Diciembre 27, 2020

Quik Payday relocated for summary judgment, providing three arguments beneath the inactive Commerce Clause

Quik Payday relocated for summary judgment, providing three arguments beneath the inactive Commerce Clause: (1) the statute can be an impermissible extraterritorial legislation; (2) the statute impermissibly burdens interstate commerce beneath the balancing test of Pike v. Bruce Church, Inc., 397 U.S. 137, 90 S.Ct. 844, 25 L.Ed.2d 174 (1970); and (3) the statute subjects Web lending to state that is inconsistent. Regarding the exact same time, Defendants relocated for summary judgment on Quik Payday’s constitutional claims, including its contentions underneath the Due Process Clause that Kansas lacked the ability to modify it and that Kan. Stat. Ann. В§ 16a 1 201 is unconstitutionally obscure and overbroad. (Quik Payday would not look for summary judgment on these due process claims). The events stipulated towards the known facts to be looked at by the region court in determining their motions.

The region court denied Quik Payday’s movement for summary judgment and granted Defendants’ cross motion. It rejected all of Quik Payday’s three Commerce Clause challenges to your Kansas statute and its particular application to Quik Payday. It rejected the contention that Kansas had been wanting to control conduct completely outside its edges due to the fact Kansas statute is triggered as long as there is both solicitation in Kansas and that loan to at least one of their residents. Quik Payday, 509 F.Supp.2d at 981. The court cited our decision in Aldens, Inc. v. Ryan, 571 F.2d 1159 (10th Cir.1978), for the idea that “a state’s legislation regarding the price and terms on which its residents borrow funds from an out of state creditor is certainly not outweighed by the burdens on interstate business.

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