United States Second Circuit
Otoe‐Missouria Tribe of Indians v. NY State Dep't of Fin. Servs., 13‐3769‐cv
In this case, plaintiff-tribes offered high-interest, short-term loans through the internet, for which the interest rates exceeded caps imposed by New York State law. When the New York State Department of Financial Services sought to ban out-of-state lenders from extending such loans to residents, plaintiffs brought suit, claiming that the ban violated the Indian Commerce Clause. Denial of plaintiffs' preliminary injunction is affirmed, where: 1) plaintiffs bore the burden of proving that the challenged transactions fell outside New York's regulatory domain; and 2) plaintiffs failed to establish that the challenged loan transactions occurred on Native American soil.
Appellate Information
- Decided 10/01/2014
- Published 10/01/2014
Judges
- Lynch
Court
- United States Second Circuit