Great post. I've also been on the losing end of a

Great post. I've also been on the losing end of a Summary Judgment because of a simple lack of a de bene esse and getting video testimony. Your points are spot on. The judge can make strong statement, and they may be pointed at KBM, to get to the table or risk a trial loss.

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when a judge looks at the total return by KBM, the initial loan, any prior attempts to settle by HJOE, and the past history of KBM lending - he may make it clear to their attorneys that he considers them to be undamaged and to have made a sizeable return (relative to usury). that warning would/should give their attorneys pause in being aggressive in going to trial or coming to the mediation with a more rational offer.

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The above is exactly what I can see happening.