United States Tenth Circuit

In a case brought by a company that utilizes the Internet in making short-term loans, a district court's decision rejecting its constitutional dormant Commerce Clause challenge to the application of Kansas's consumer-lending statute to those loans is affirmed where: 1) the statute at issue, as interpreted by state officials charged with its enforcement, does not regulate extraterritorial conduct; 2) the circuit court's precedent shows that the statute's burden on interstate commerce does not exceed the benefit that it confers; and 3) the circuit court rejects a claim that imposing Kansas requirements when Internet commerce demands nationally uniform regulation is unconstitutional.

Appellate Information

• Decided 12/12/2008
• Published 12/15/2008

Judges

• HARTZ, Circuit Judge., Before HARTZ, HOLLOWAY, and ANDERSON, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Daniel V. Folt, Duane Morris, LLP, Wilmington, DE, (Matt Neiderman, Duane Morris, LLP, Robert J. Hoffman and Jeremiah J. Morgan, Bryan Cave LLP, Kansas City, MO, with him on the briefs), for Plaintiff-Appellant., Richard P. Bress and Melissa B. Arbus, Counsel for Online Lenders Alliance, Latham & Watkins LLP, Washington, DC., and Cleta Mitchell, Counsel for Americans for Tax Reform, Foley & Lardner, LLP, Washington, DC, filed an amicus curiae brief for Online Lenders Alliance and Americans for Tax Reform.


• For Appellees:
  
• Adrian E. Serene, Staff Attorney, (Jacob D. McElwee, Staff Attorney, on the brief), Office of the State Bank Commissioner, Topeka, KS, for Defendants-Appellees.