Prejudgment Interest

2,315 Florida cases classified under this topic, plus 3 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Ass'n FOR Retarded Citizens OF N.D. v. Olson
  713 F.2d 1384· 8th Cir.· 1983-08-12 ·cited 20×
  The court affirmed the district court's orders regarding the treatment of mentally retarded citizens, modified the award of attorneys' fees, and remanded for further proceedings, finding that North Dakota law provides a right to treatment for all developmentally disabled individu
• Deere & Co. v. Int'l Harvester Co.
  710 F.2d 1551· Fed. Cir.· 1983-06-27 ·cited 20×
  The dissenting judge argues that the trial court erred by excluding relevant evidence regarding settlement offers and licenses, and by improperly calculating the royalty rate based on lost combine sales.
• U. S. Indus., Inc. v. Blake Constr. Co., Inc.
  671 F.2d 539· D.C. Cir.· 1982-01-26 ·cited 20×
  The court affirmed the jury award for delay and disruption damages, the grant of summary judgment for USI on one claim, and the grant of judgment n.o.v. on a portion of the jury award, while reversing the dismissal of two other claims.
• Peterson v. Crown Fin. Corp.
  661 F.2d 287· 3d Cir.· 1981-10-20 ·cited 20×
  A financial institution's intentional cancellation of a promissory note and surrender to the borrower, in exchange for a new note, discharges the original debt as a matter of law, and the court has discretion to award prejudgment interest above the legal rate in restitution actio
• Ameejee Valleejee AND Sons v. M/V Victoria U.
  661 F.2d 310· 4th Cir.· 1981-10-09 ·cited 20×
  The court held that Amjee was a special agent, not a general agent, and therefore entitled to assert a maritime lien for its full claim.
• Broward Cnty. v. Sattler
  400 So. 2d 1031· Fla. 4th DCA· 1981-07-01 ·cited 20×
  The assessment of prejudgment interest against a governmental entity is permissible even without an express statute or contract, if impliedly authorized by the statute allowing suits against the entity, and the claim is liquidated.
• S. C. M. Assocs., Inc. v. Rhodes
  395 So. 2d 632· Fla. 2d DCA· 1981-03-25 ·cited 20×
  In a mechanic's lien foreclosure action arising from a home construction dispute, the court determined that the defendant/counterclaimant was the prevailing party entitled to attorney's fees under Florida Statutes § 713.29, despite the contractor recovering a judgment for $3,280.
• Fed. Barge Lines, Inc. v. Republic Marine, Inc.
  616 F.2d 372· 8th Cir.· 1980-03-05 ·cited 20×
  The court held that federal courts in admiralty are not bound by state statutory interest rates when awarding prejudgment interest, and the district court did not abuse its discretion by awarding ten percent.
• Brigid Dullard v. The Berkeley Assocs. Co. & Murray Hill Props., Inc.
  606 F.2d 890· 2d Cir.· 1979-08-27 ·cited 20×
  The court held that the jury's wrongful death award was excessive under New York law and ordered a new trial on damages unless the plaintiff accepts a remittitur.
• Parker's Mech. Contractor's, Inc. v. Eastpoint Water & Sewer Dist.
  367 So. 2d 665· Fla. 1st DCA· 1979-02-01 ·cited 20×
  This case addresses whether prejudgment interest should be awarded on claims arising from a water and sewer system construction project. The court affirmed denial of prejudgment interest on the contractor's claim because it was unliquidated due to unresolved subcontractor claims,
• DeBOER Constr., Inc. v. Reliance Ins. Co. & The Ins. Ctr., Inc.
  540 F.2d 486· 10th Cir.· 1976-08-18 ·cited 20×
  A principal is bound by an agent's contract to the extent of the agent's granted authority, even if the agent acts fraudulently and exceeds that authority, and a party dealing with an agent is bound by limitations in the agent's power of attorney if they have notice of it.
• Quad Constr., Inc. v. WM. A. Smith Contracting Co., Inc.
  534 F.2d 1391· 10th Cir.· 1976-04-22 ·cited 20×
  The court held that "net claims" in the settlement agreement should be interpreted based on the contract's specific exclusions, not by general accounting principles, and that prejudgment interest was properly awarded under Colorado law.
• Brown v. Aggie & Millie
  485 F.2d 1293· 5th Cir.· 1973-10-16 ·cited 20×
  The court affirmed the damages and maintenance and cure award, but remanded for correction of an inadvertent omission in the judgment regarding excluded hospital days.
• Hodgson v. Daisy Mfg. Co.
  445 F.2d 823· 8th Cir.· 1971-07-13 ·cited 20×
  The court held that the district court had jurisdiction to award back pay and did not err in finding equal work, but did err in denying pre-judgment interest.
• Alcoa S.S. Co., Inc. v. Charles Ferran & Co., Inc.
  443 F.2d 250· 5th Cir.· 1971-04-26 ·cited 20×
• Canova v. The Travelers Ins. Co.
  406 F.2d 410· 5th Cir.· 1969-01-29 ·cited 20×
  The court held that General Maritime law, not Louisiana law, applied to the issue of prejudgment interest in a diversity action arising from a maritime tort.
• Regions Bank v. Maroone Chevrolet, L.L.C.
  118 So. 3d 251· Fla. 3d DCA· 2013-07-17 ·cited 19×
  Regions Bank and other financing banks appeal a judgment awarding Maroone Chevrolet damages for conversion and negligence based on the banks' mishandling of financing checks. The appellate court reversed in part and affirmed in part, holding that Maroone failed to prove an agency
• JVA Enters. v. Prentice
  48 So. 3d 109· Fla. 4th DCA· 2010-11-10 ·cited 19×
  JVA Enterprises and Enterprises, Inc. appealed a judgment for Prentice in a maritime injury case. The court affirmed the trial court's denial of a fraud-on-the-court motion to dismiss but reversed and remanded for a new trial because the trial court improperly excluded evidence o
• Reimbursement Recovery, Inc. v. Indian River Mem'l Hosp., Inc.
  22 So. 3d 679· Fla. 4th DCA· 2009-11-04 ·cited 19×
  The court held that the trial court's factual findings supporting the damages award and prejudgment interest were supported by competent, substantial evidence, and that the contract contemplated prejudgment interest on invoices.
• Perdue Farms Inc. v. Hook
  777 So. 2d 1047· Fla. 2d DCA· 2001-01-05 ·cited 19×
  Perdue Farms appeals from a judgment awarding Dennis Hook and H & N Foods over $48 million in damages for misappropriation of Hook's trade secret chicken cooking process under the Florida Uniform Trade Secrets Act. The appellate court affirmed the actual damages award but reverse
• Palm Beach Cnty. Sch. Bd. v. Montgomery
  641 So. 2d 183· Fla. 4th DCA· 1994-08-17 ·cited 19×
  The Palm Beach County School Board appeals a jury verdict awarding over $400,000 to a minor injured in a school fight whose condition was exacerbated by the school's failure to obtain prompt medical attention. The appellate court affirms the judgment in all respects, including th
• Thurman v. Thurman
  637 So. 2d 64· Fla. 1st DCA· 1994-05-18 ·cited 19×
  Mark Thurman appeals an order finding him in contempt for non-payment of child support and alimony, with incarceration threatened unless he pays a purge amount. The court affirms the contempt finding but reverses in part to require the trial court to enter a final judgment for ar
• Fontaine Davis v. City & Cnty. of SAN Francisco
  976 F.2d 1536· 9th Cir.· 1992-10-06 ·cited 19×
  The court affirmed the district court's award of attorneys' fees and costs, but remanded for recalculation of the lodestar to exclude time spent by law clerks on unrelated claims and to disallow public relations work not directly contributing to litigation goals. The court also a
• Rogers v. Mitzi
  584 So. 2d 1092· Fla. 5th DCA· 1991-08-15 ·cited 19×
  The court held that the trial court properly found constructive fraud but erred in its award of compensatory and punitive damages, requiring a remand for recalculation.
• Equal Emp. Opportunity Comm'n v. O'Grady
  857 F.2d 383· 7th Cir.· 1988-09-12 ·cited 19×
  The court held that the district court erred in finding the Sheriff's violations of the ADEA were willful, reversing the award of liquidated damages and remanding for reconsideration. The court affirmed the district court's decisions regarding the non-offset of pension benefits a
• Woodling v. The Garrett Corp.
  813 F.2d 543· 2d Cir.· 1987-03-03 ·cited 19×
  The court held that the jury's findings regarding workers' compensation immunity and the validity of the release were supported by sufficient evidence, affirming liability for the defendants. However, the court found errors in the calculation of damages and prejudgment interest.
• Post Houses, Inc. v. Fireman's Fund Ins. Co.
  469 So. 2d 863· Fla. 1st DCA· 1985-05-14 ·cited 19×
  Post Houses, Inc. appealed a summary judgment requiring it to indemnify Fireman's Fund Insurance Company for a $75,000 settlement paid to an injured customer, while Fireman's Fund cross-appealed the denial of attorney fees. The court affirmed both the indemnity judgment and the d
• Cross v. United States Postal Serv.
  733 F.2d 1327· 8th Cir.· 1984-05-14 ·cited 19×
  Congress has not waived sovereign immunity for prejudgment interest in Title VII actions against the United States Postal Service.
• Harris A. Parson and Arcell Williams v. Kaiser Aluminum & Chem. Corp.
  727 F.2d 473· 5th Cir.· 1984-03-19 ·cited 19×
  The court held that the district court did not err in applying the correct legal standard for Title VII discrimination claims and that the back pay award was not clearly erroneous.
• Buffalo Forge Co. v. Ogden Corp.
  717 F.2d 757· 2d Cir.· 1983-09-22 ·cited 19×
  The court held that the sale of treasury stock to a competing bidder during a takeover attempt did not violate the directors' fiduciary duties or the Williams Act, and that the district court properly awarded pre-judgment interest.
• Gen. Elec. Credit & Leasing Corp. v. Drill Ship Mission Exploration
  668 F.2d 811· 5th Cir.· 1982-02-22 ·cited 19×
  The court held that intervenor's preseizure claims for crew wages constitute preferred maritime liens and post-seizure catering services are custodia legis expenses, both entitled to priority over the seizing creditor's preferred mortgage.
• Washington v. The Kroger Co.
  671 F.2d 1072· 8th Cir.· 1982-02-10 ·cited 19×
  The court held that the district court had jurisdiction over the claims and that the award of prejudgment interest and attorneys' fees was not an abuse of discretion, but vacated and remanded the judgment on liability due to uncertainty about the plaintiff's test score and potent
• Safeco Ins. Co. OF Ill. v. Fridman
  117 So. 3d 16· Fla. 5th DCA· 2013-05-24 ·cited 18×
  Safeco Insurance appeals from a final judgment awarding its insured $50,000 in uninsured motorist (UM) benefits after a jury verdict of $1 million. The court held that Safeco's tender of the full policy limits and confession of judgment rendered the UM claim moot, making the jury
• Wyatt v. Milner Document Prods., Inc.
  932 So. 2d 487· Fla. 4th DCA· 2006-06-14 ·cited 18×
  In this fee dispute arising from underlying personal injury litigation, the Fourth District Court of Appeal reversed the trial court's award of prejudgment interest to Larmoyeux and Hewko and its denial of Wyatt and Hewko's motion to tax costs against Montgomery. The court held t
• Biggins v. The Hazen Paper Co.
  953 F.2d 1405· 1st Cir.· 1992-01-08 ·cited 18×
  The court held that the jury's finding of a willful ADEA violation was not supported by sufficient evidence, and the jury instruction on willfulness was erroneous. The court also found sufficient evidence for the jury to find an ADEA violation and that age was a determining facto
• Fortino v. Quasar Co.
  950 F.2d 389· 7th Cir.· 1991-12-03 ·cited 18×
  The court held that discrimination based on citizenship, permitted by treaty, is not national origin discrimination under Title VII, and that a release of claims, even if misunderstood, is enforceable if voluntarily signed.
• Transpower Constructors v. Grand River DAM Auth.
  905 F.2d 1413· 10th Cir.· 1990-06-15 ·cited 18×
  The court affirmed the trial court's rulings, holding that the jury's damage award was not speculative, the contract did not bar Transpower's claims, and the indemnity clause did not shield Benham from liability for its own negligence absent a clear showing of intent.
• Hale v. Fish
  899 F.2d 390· 5th Cir.· 1990-04-30 ·cited 18×
  The court held that the district court correctly analyzed Section 1983 liability, qualified immunity, and the liability of specific agents, affirming the liability phase and modifying the attorney fees award.
• Datascope Corp. v. Smec, Inc.
  879 F.2d 820· Fed. Cir.· 1989-07-06 ·cited 18×
  The court held that the district court clearly erred in finding a noninfringing alternative and insufficient manufacturing/marketing capability, thus reversing the denial of lost profits for domestic sales. The court also reversed the finding of nonwillful infringement.
• Figa v. R.V.M.P. Corp.
  874 F.2d 1528· 11th Cir.· 1989-06-13 ·cited 18×
  The court held that admitting evidence of the fire marshal's decision not to prosecute for arson was an error requiring reversal, and that FIGA is not liable for prejudgment interest under the relevant statute.
• AIR Prods. & Chems., Inc. v. The La. Land & Exploration Co.
  867 F.2d 1376· 11th Cir.· 1989-03-16 ·cited 18×
  The court held that the seller did not waive its right to retroactive application of a substitute fuel price index, but that prejudgment interest should be calculated from the date of demand, not from when the substitute index could have first been applied.
• Graham v. Milky WAY Barge, Inc.
  824 F.2d 376· 5th Cir.· 1987-08-17 ·cited 18×
  The court held that the vessel's operation beyond the express navigational and operational limits of the insurance policies voided coverage, and that the insurers did not act arbitrarily in denying coverage, thus precluding attorney's fees. The court also found that Chevron was n
• Md. Cas. Co. v. Fla. Produce Distribs., Inc.
  498 So. 2d 1383· Fla. 5th DCA· 1986-12-24 ·cited 18×
  Maryland Casualty appeals a judgment awarding an insured $25,178 in damages plus prejudgment interest for collision damage to a semi-trailer, including loss-of-use damages. The court holds that loss of use damages are improper where the insurer's obligation was only to pay money
• Jean Hart as Administratrix of the Estate of Levi Hart v. Bourque
  798 F.2d 519· 1st Cir.· 1986-08-12 ·cited 18×
  The court held that the lower court erred in its calculation of attorney's fees and prejudgment interest, finding the claimed hours and multiplier unjustified and the delay in payment attributable to the plaintiff.
• First Nat'l Bank OF Waukesha v. Warren
  796 F.2d 999· 7th Cir.· 1986-07-24 ·cited 18×
  The court held that mandamus is an appropriate remedy to review the denial of a jury trial, despite the general rule that mandamus is an extraordinary writ.
• Ira L. Martin v. Walk
  794 F.2d 209· 5th Cir.· 1986-07-22 ·cited 18×
  Prejudgment interest may be awarded in admiralty cases under the Jones Act, but not on future damages.
• Wong v. NEW Prospect Enters., Inc.
  488 So. 2d 647· Fla. 5th DCA· 1986-05-15 ·cited 18×
  The appellate court affirmed the judgment for the plaintiff but reversed the denial of prejudgment interest.
• Scno Barge Lines, Inc. v. SUN Transp. Co., Inc.
  775 F.2d 221· 8th Cir.· 1985-10-09 ·cited 18×
  The court affirmed liability for the grounding but remanded for recalculation of prejudgment interest rates and reconsideration of interest awarded against the Government, holding that SCNO is entitled to joint and several recovery.
• Bone v. Refco, Inc.
  774 F.2d 235· 8th Cir.· 1985-09-25 ·cited 18×
  The court held that prejudgment interest was properly awarded on Refco's liquidated counterclaim, but reversed the judgment on Bone's claims due to the erroneous admission of parol evidence regarding lost profits, requiring a new trial.
• Metro. Dade Cnty. v. Bouterse
  463 So. 2d 526· Fla. 3d DCA· 1985-02-12 ·cited 18×
  Metropolitan Dade County appeals a trial court's award of prejudgment interest in a breach of contract action involving architectural services. The court reversed the prejudgment interest award, finding the trial court erroneously calculated interest from April 1, 1982, without d