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Author: E | 2025-04-24
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Dkt. No. 21 at 4. However, neither party is domiciled or has its principal place of business in Nevada, and the contract was neither signed nor performed in that state. In addition, Plaintiff's justification for Nevada law, risk mitigation, seems to be a means of avoiding usury law in the states with the closest relationship to the parties. Plaintiff has not explained why the parties would be unfamiliar with the laws of Massachusetts or New Jersey. The Note's choice of Nevada law is invalid because it has no reasonable basis. B. Fundamental Public Policy Even if there was a reasonable basis for choosing Nevada law, the choice would fail the second prong of the Restatement § 187(2) analysis. Courts decline to apply a choice of law provision if it is (1) contrary to the fundamental public policy of a state which (2) has a materially greater interest in the determination of the particular issue and (3) is the state whose law would apply absent a choice by the parties. Restatement (Second) of Conflict of Laws § 187(2) (1971); Optos, Inc. v. Topcon Med. Sys., Inc., 777 F. Supp. 2d 217, 229 (D. Mass. 2011). 1. Applying Nevada law here is contrary to the fundamental public policy of New Jersey "New Jersey has a specific interest in protecting its residents from out-of-state lenders who seek to lend money to New Jersey residents on terms which are usurious under New Jersey law." Dopp v. Yari, 927 F. Supp. 814, 818 (D.N.J. 1996) (citing Oxford Consumer Discount Co. of No. Phila. v. Stefanelli, 246 A.2d 460 (N.J. Super. Ct. App. Div. 1968)). Conversely, the interests of Massachusetts are less strong where the Massachusetts party is a lender, rather than a debtor. See Auctus Fund, 405 F. Supp. 3d at 230 ("Massachusetts does not seem to have a strong public policy promoting or prohibiting [a Massachusetts-based entity] from arranging these deals with entities outside of the Commonwealth."); see also Greenwood Tr. Co. v. Massachusetts, 776 F. Supp. 21, 41-42 (D. Mass. 1991), rev'd on other grounds, 971 F.2d 818 (1st Cir. 1992) (holding that Massachusetts usury law reflects a fundamental public policy of protecting the state's debtors). 2. New Jersey has a materially greater interest than Nevada in the usury law applied here To determine which state has the greatest interest in the determination of a particular issue, Massachusetts courts balance the interests or policies of the states. See Hodas v. Morin, 814 N.E.2d 320, 325-26 (Mass. 2004). Both New Jersey and Massachusetts have a materially greater interest than Nevada in the application of usury law in this case, because the parties are headquartered in those states. 3. New Jersey law would apply absent a choice by the parties To assess which state's law would apply absent the parties' choice, Massachusetts courts have adopted a "functional" approach, which turns on "the interests of the parties, the States involved, and the interstate system as a whole." Bushkin Assocs. v. Raytheon Co., 473 N.E.2d 662, 668 Jersey Discount Tool contact info: Phone number: (833) Website: www.jerseydiscounttoolco.com What does Jersey Discount Tool do? Jersey Discount Tool Co Your Amazon Video channels list. You can find Acorn TV in your Amazon Video channel feed. Dave Johnson/Business Insider Related coverage from Tech Reference:Audible does not come with Amazon Prime, but you can get a Prime discount for the service — here's howHow to watch Amazon Prime Video on an Apple TV in 3 different waysHow to cast content on Amazon Prime Video from an Android to your smart TVHow much is CBS All Access? The streaming service's subscription plans, explained'Does Sling TV have local channels?': Here's what you need to know about Dish Network's internet TV service Dave Johnson Freelance Writer Dave Johnson is a technology journalist who writes about consumer tech and how the industry is transforming the speculative world of science fiction into modern-day real life. Dave grew up in New Jersey before entering the Air Force to operate satellites, teach space operations, and do space launch planning. He then spent eight years as a content lead on the Windows team at Microsoft. As a photographer, Dave has photographed wolves in their natural environment; he's also a scuba instructor and co-host of several podcasts. Dave is the author of more than two dozen books and has contributed to many sites and publications including CNET, Forbes, PC World, How To Geek, and Insider. Read more Read less Read nextComments
Dkt. No. 21 at 4. However, neither party is domiciled or has its principal place of business in Nevada, and the contract was neither signed nor performed in that state. In addition, Plaintiff's justification for Nevada law, risk mitigation, seems to be a means of avoiding usury law in the states with the closest relationship to the parties. Plaintiff has not explained why the parties would be unfamiliar with the laws of Massachusetts or New Jersey. The Note's choice of Nevada law is invalid because it has no reasonable basis. B. Fundamental Public Policy Even if there was a reasonable basis for choosing Nevada law, the choice would fail the second prong of the Restatement § 187(2) analysis. Courts decline to apply a choice of law provision if it is (1) contrary to the fundamental public policy of a state which (2) has a materially greater interest in the determination of the particular issue and (3) is the state whose law would apply absent a choice by the parties. Restatement (Second) of Conflict of Laws § 187(2) (1971); Optos, Inc. v. Topcon Med. Sys., Inc., 777 F. Supp. 2d 217, 229 (D. Mass. 2011). 1. Applying Nevada law here is contrary to the fundamental public policy of New Jersey "New Jersey has a specific interest in protecting its residents from out-of-state lenders who seek to lend money to New Jersey residents on terms which are usurious under New Jersey law." Dopp v. Yari, 927 F. Supp. 814, 818 (D.N.J. 1996) (citing Oxford Consumer Discount Co. of No. Phila. v. Stefanelli, 246 A.2d 460 (N.J. Super. Ct. App. Div. 1968)). Conversely, the interests of Massachusetts are less strong where the Massachusetts party is a lender, rather than a debtor. See Auctus Fund, 405 F. Supp. 3d at 230 ("Massachusetts does not seem to have a strong public policy promoting or prohibiting [a Massachusetts-based entity] from arranging these deals with entities outside of the Commonwealth."); see also Greenwood Tr. Co. v. Massachusetts, 776 F. Supp. 21, 41-42 (D. Mass. 1991), rev'd on other grounds, 971 F.2d 818 (1st Cir. 1992) (holding that Massachusetts usury law reflects a fundamental public policy of protecting the state's debtors). 2. New Jersey has a materially greater interest than Nevada in the usury law applied here To determine which state has the greatest interest in the determination of a particular issue, Massachusetts courts balance the interests or policies of the states. See Hodas v. Morin, 814 N.E.2d 320, 325-26 (Mass. 2004). Both New Jersey and Massachusetts have a materially greater interest than Nevada in the application of usury law in this case, because the parties are headquartered in those states. 3. New Jersey law would apply absent a choice by the parties To assess which state's law would apply absent the parties' choice, Massachusetts courts have adopted a "functional" approach, which turns on "the interests of the parties, the States involved, and the interstate system as a whole." Bushkin Assocs. v. Raytheon Co., 473 N.E.2d 662, 668
2025-04-07Your Amazon Video channels list. You can find Acorn TV in your Amazon Video channel feed. Dave Johnson/Business Insider Related coverage from Tech Reference:Audible does not come with Amazon Prime, but you can get a Prime discount for the service — here's howHow to watch Amazon Prime Video on an Apple TV in 3 different waysHow to cast content on Amazon Prime Video from an Android to your smart TVHow much is CBS All Access? The streaming service's subscription plans, explained'Does Sling TV have local channels?': Here's what you need to know about Dish Network's internet TV service Dave Johnson Freelance Writer Dave Johnson is a technology journalist who writes about consumer tech and how the industry is transforming the speculative world of science fiction into modern-day real life. Dave grew up in New Jersey before entering the Air Force to operate satellites, teach space operations, and do space launch planning. He then spent eight years as a content lead on the Windows team at Microsoft. As a photographer, Dave has photographed wolves in their natural environment; he's also a scuba instructor and co-host of several podcasts. Dave is the author of more than two dozen books and has contributed to many sites and publications including CNET, Forbes, PC World, How To Geek, and Insider. Read more Read less Read next
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