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

• Everard W. Marks, III v. PAN Am. World Airways, Inc.
  785 F.2d 539· 5th Cir.· 1986-03-24 ·cited 14×
  The court held that the trial court did not err in striking the award for loss of inheritance due to speculative evidence and affirmed the other awards and prejudgment interest.
• N. States Power Co. v. Itt Meyer Indus.
  777 F.2d 405· 8th Cir.· 1985-11-14 ·cited 14×
  The court held that the buyer's notice of breach was timely as a matter of law and that express warranties created by technical specifications were not disclaimed by the contract's limitation of liability clause.
• Pub. Serv. Co. OF Ind., Inc. v. Bath Iron Works Corp.
  773 F.2d 783· 7th Cir.· 1985-09-09 ·cited 14×
  The court held that the trial court erred in excluding evidence regarding the original 1950s design and the subsequent 1983 plans, as this evidence was relevant to Bath's defense.
• Trans World Metals, Inc. v. Southwire Co.
  769 F.2d 902· 2d Cir.· 1985-08-05 ·cited 14×
  The court held that the seller's late delivery did not substantially impair the contract's value, and the buyer's repudiation constituted a breach, entitling the seller to damages based on the contract/market price differential.
• Miller v. First Serv. Corp. OF the Fla. Keys
  471 So. 2d 1332· Fla. 3d DCA· 1985-06-25 ·cited 14×
  An insurance broker failed to timely forward an application for windstorm insurance, resulting in a house being damaged before coverage was issued. The appellants won a jury verdict for the full policy amount but were denied prejudgment interest by the trial court. The appellate
• Shaw v. Int'l Ass'n OF MacHinists & Aerospace Workers Pension Plan
  750 F.2d 1458· 9th Cir.· 1985-01-11 ·cited 14×
  The court held that the IAM's amendment phasing out the 'living pension' feature violated ERISA because the feature constituted an 'accrued benefit' and the amendment was adopted after ERISA's vesting provisions became effective for labor unions.
• Shaw v. Library OF Congress
  747 F.2d 1469· D.C. Cir.· 1984-11-06 ·cited 14×
  The court held that the statutory phrase "the same as a private person" in 42 U.S.C. § 2000e-5(k) does not constitute a clear waiver of sovereign immunity for pre-judgment interest on attorney's fees awarded under Title VII. The dissent argues that the district court's calculatio
• Hillier v. S. Towing Co.
  740 F.2d 583· 7th Cir.· 1984-08-03 ·cited 14×
  The court held that prejudgment interest may be awarded on intangible damages like pain and suffering and loss of society in admiralty cases, and that the district court erred in ruling otherwise.
• Webster v. M/V Moolchand
  730 F.2d 1035· 5th Cir.· 1984-04-30 ·cited 14×
  The court affirmed the judgment, holding that the jury interrogatory and charge were not defective, prior conviction evidence was harmless error, travel expenses were not taxable costs, and prejudgment interest was properly awarded under maritime law.
• Cnty. OF Volusia v. W.R. Pickens & Cont'l Ins. Co.
  439 So. 2d 276· Fla. 5th DCA· 1983-09-22 ·cited 14×
  The dissenting opinion argues that in inverse condemnation cases, property should be valued as of the time of trial, not the date of taking, to ensure full compensation.
• Ezell v. Hayes Oilfield Constr. Co., Inc.
  693 F.2d 489· 5th Cir.· 1982-12-13 ·cited 14×
  An insurer's refusal to defend is justified if a conflict of interest exists between the insurer and the insured, and punitive damages are not available for such a justified refusal.
• Am. Timber & Trading Co. v. First Nat'l Bank OF Or.
  690 F.2d 781· 9th Cir.· 1982-10-22 ·cited 14×
  The court held that prejudgment interest should not be added to statutory double recovery penalties under the National Bank Act, and that compensating balances can be used to calculate effective interest rates, leading to usury findings in some cases.
• City OF ST. Petersburg v. Wall
  419 So. 2d 1167· Fla. 2d DCA· 1982-09-29 ·cited 14×
  The court affirmed damages awarded for losses incurred during the appeal period due to a stay but reversed damages awarded for losses incurred during the trial court litigation when the city failed to establish necessity for condemnation.
• Hayden v. Scott Aviation
  684 F.2d 270· 3d Cir.· 1982-08-04 ·cited 14×
  A motion to add mandatory delay damages under Pennsylvania Rule of Civil Procedure 238 is a clerical correction governed by Fed.R.Civ.P. 60(a), not a request to alter judgment under Fed.R.Civ.P. 59(e).
• Largo Hosp. Owners, Ltd. v. Int'l Glass & Mfg. Co., Inc.
  410 So. 2d 518· Fla. 2d DCA· 1981-12-18 ·cited 14×
  In this construction lien dispute arising from the Largo Medical Center project, the court addressed claims by three parties seeking payment for materials and services. The decision clarifies the requirements for mechanic's liens and equitable liens under Florida law, and address
• Dillingham Shipyard v. Associated Insulation Co., Ltd.
  649 F.2d 1322· 9th Cir.· 1981-07-06 ·cited 14×
  The court held that overhead expenses, including corporate headquarters' overhead, and profit are recoverable under the indemnity agreement, and that attorneys' fees incurred in litigating issues related to the primary claim are also recoverable. Prejudgment interest was affirmed
• Thropp v. Bache Halsey Stuart Shields
  650 F.2d 817· 6th Cir.· 1981-05-27 ·cited 14×
  A stockbroker's negligence in failing to follow its own internal rules and verify the authenticity of a power of attorney can proximately cause a client's loss, and such negligence is not excused by the client's husband's subsequent forgery and theft.
• CRI, Inc. v. Watson
  608 F.2d 1137· 8th Cir.· 1979-11-05 ·cited 14×
  The court held that the defendant's repudiation of the exclusive agency agreement was unjustified and in bad faith, making him liable for damages. It also found that intervention by a third party did not destroy diversity jurisdiction and that prejudgment interest was properly aw
• Layne-Minnesota p. r., Inc. v. The Singer Co. & Layne-Atlantic Co.
  574 F.2d 429· 8th Cir.· 1978-04-19 ·cited 14×
  The court held that the trial court did not err in its factual findings, contract interpretation, or damage calculations, but did err in awarding prejudgment interest on unliquidated damages.
• OIL v. Am. Cyanamid Co.
  546 F.2d 1144· 5th Cir.· 1977-02-09 ·cited 14×
  The court held that the award of pre-judgment interest is within the discretion of the court in the absence of a statutory provision, and no abuse of discretion was shown.
• Christiansen v. Farmers Ins. Exch.
  540 F.2d 472· 10th Cir.· 1976-07-28 ·cited 14×
  The court held that the Idaho John Doe judgment was binding on the insurers regarding the uninsured motorist's liability, and that stacking of policies was permissible under Idaho law, but reversed the award of prejudgment interest.
• Patch v. The Stanley Works (Stanley Chem. Co. Division) & Thomas Keller
  448 F.2d 483· 2d Cir.· 1971-08-17 ·cited 14×
  The court held that the district court correctly applied New Hampshire law regarding strict liability and the wrongful death damage limitation, and also correctly awarded pre-judgment interest from the date the complaints were filed.
• Williamson v. W. Pac. Dredging Corp.
  441 F.2d 65· 9th Cir.· 1971-04-09 ·cited 14×
  The court held that a seaman commuting to work, even from home, can recover maintenance and cure and Jones Act damages if the commute is considered part of the employment and the injury results from employer negligence.
• Whitson v. Aurora Iron & Metal Co.
  297 F.2d 106· 7th Cir.· 1961-12-14 ·cited 14×
  The court held that the defendant was entitled to a credit for authorized repair expenditures and that the pre-judgment interest calculation was erroneous regarding the seventh payment.
• Cherri Walker v. Life Ins. Co. of N. Am.
  59 F.4th 1176· 11th Cir.· 2023-02-08 ·cited 13×
  Cherri Walker sued Life Insurance Company of North America for breach of contract and bad faith after the insurer denied her long-term disability benefits, claiming she did not meet the policy's definition of "disabled." The Eleventh Circuit affirmed the district court's summary
• Tribeca Lending Corp. v. Real Est. Depot, Inc.
  42 So. 3d 258· Fla. 4th DCA· 2010-07-14 ·cited 13×
  The court held that summary judgment for an equitable lien was proper, but the final judgment contained defects regarding foreclosed parties and retention of sale proceeds.
• Citizens Prop. Ins. Corp. v. Hamilton
  43 So. 3d 746· Fla. 1st DCA· 2010-07-07 ·cited 13×
  Citizens Property Insurance Corporation appealed a jury verdict awarding the Hamiltons full policy limits for wind damage to their mobile home destroyed by Hurricane Ivan, challenging the exclusion of flood insurance evidence, admission of a county substantial damage determinatio
• Chalfonte Condo. Apt. Ass'n, Inc. v. QBE Ins. Corp.
  561 F.3d 1267· 11th Cir.· 2009-03-09 ·cited 13×
  Chalfonte Condominium Association sued QBE Insurance for breach of contract and breach of the implied warranty of good faith and fair dealing following QBE's handling of a hurricane damage claim. The district court awarded Chalfonte over $8 million, but the Eleventh Circuit certi
• Butler v. Yusem
  3 So. 3d 1185· Fla.· 2009-02-26 ·cited 13×
  The court held that the appellate court erred in affirming the trial court's decision based on justifiable reliance when the trial court based its decision on due diligence, and that prejudgment interest should have been awarded on certain attorney fees.
• F.W.F., Inc. v. Detroit Diesel Corp.
  494 F. Supp. 2d 1342· S.D. Fla.· 2007-06-25 ·cited 13×
  The court adopted the Magistrate Judge's recommendation, granting in part and denying in part the motion to enforce the settlement agreement, finding no material breach by either party.
• Richardson v. Tricom Pictures & Prods., Inc.
  334 F. Supp. 2d 1303· S.D. Fla.· 2004-08-24 ·cited 13×
  The court held that plaintiff is entitled to back pay from her termination at Tricorn until her termination from WLRN due to failure to mitigate, and for the period thereafter until trial, as mitigation was not disproven for subsequent employment.
• Amendments TO THE Fla. Rules OF Civil Procedure (TWO Year Cycle) & Fla. Rule of App. Procedure 9.110
  858 So. 2d 1013· Fla.· 2003-10-23 ·cited 13×
  The Florida Supreme Court adopted amendments to the Florida Rules of Civil Procedure proposed by the Civil Procedure Rules Committee in its biennial report, with limited modifications and exceptions. The Court also repealed Rule 1.840 and Form 1.999 regarding judicial waiver of p
• COE v. Abdo
  790 So. 2d 1276· Fla. 4th DCA· 2001-08-15 ·cited 13×
  A marital settlement agreement, incorporated into a divorce decree, is governed by contract principles, not equitable discretion, and thus requires awarding interest and attorney's fees as stipulated in the contract.
• Clay v. The Prudential Ins. Co. OF Am.
  617 So. 2d 433· Fla. 4th DCA· 1993-04-28 ·cited 13×
  A life insurance beneficiary sued Prudential after her claim was denied under a statute barring recovery when the claimant was involved in the insured's death. The court previously reversed the limitation of attorney's fees on appeal, and on remand the trial court denied postjudg
• Ursula S. Herrero v. Pearce
  571 So. 2d 96· Fla. 1st DCA· 1990-12-14 ·cited 13×
  Ursula Herrero appealed a paternity judgment that established William Pearce as the father of her daughter but denied her requests for pre-judgment interest and attorney's fees. The appellate court reversed, holding that the prevailing plaintiff in a paternity action is entitled
• O'Donnell v. Arcoiries, Inc.
  561 So. 2d 344· Fla. 4th DCA· 1990-04-25 ·cited 13×
  The court held that treble damages for civil theft are recoverable even if a contract dispute exists, as the loss resulted from theft separate from the contract. The court also affirmed the trial court's computation of treble damages including prejudgment interest.
• Azalean Stallworth v. City OF Cleveland
  893 F.2d 830· 6th Cir.· 1990-01-11 ·cited 13×
  The court affirmed the lower court's decision regarding vicarious liability and damages but reversed the award of prejudgment interest.
• Arceline M. Verdin v. C & B Boat Co., Inc.
  860 F.2d 150· 5th Cir.· 1988-10-31 ·cited 13×
  The court held that the district court's factual findings were not clearly erroneous, FBL's liability was not limited, and certain damage calculations were incorrect. The court affirmed the district court's findings of negligence and unseaworthiness but remanded for recalculation
• McKELVY v. Metal Container Corp.
  854 F.2d 448· 11th Cir.· 1988-09-07 ·cited 13×
  The court held that a plaintiff's ADEA claim was timely filed because state proceedings were commenced when the state agency received the charge from the EEOC, and a worksharing agreement did not waive the state's jurisdiction. However, the court vacated the prejudgment interest
• Amina A. Soliman v. Ebasco Servs. Inc.
  822 F.2d 320· 2d Cir.· 1987-06-30 ·cited 13×
  The appeal is dismissed because it was brought by a lawyer without standing and without client authorization, and sanctions are awarded against the attorney.
• Chotin Transp., Inc. v. United States
  819 F.2d 1342· 6th Cir.· 1987-06-05 ·cited 13×
• Blanton v. Anzalone
  813 F.2d 1574· 9th Cir.· 1987-04-09 ·cited 13×
  The court held that the district court abused its discretion by not applying the statutory Treasury bill rate for prejudgment interest on the ERISA award without justification, but affirmed the deletion of prejudgment interest on the Redemption Award as a correctable clerical err
• Stissi v. Interstate & Ocean Transp. Co. OF Philadelphia
  765 F.2d 370· 2d Cir.· 1985-06-20 ·cited 13×
  The court held that the district court erred in disregarding prior legal conclusions establishing the law of the case regarding the tug's lights and in allowing expert testimony that contradicted these conclusions, necessitating a retrial on apportionment of fault.
• Wilbur S. LAW v. Blue Lagoon-Pompano, Inc.
  470 So. 2d 33· Fla. 4th DCA· 1985-05-15 ·cited 13×
  A buyer of a defective pleasure boat successfully won a jury verdict for return of the $90,000 purchase price, but the trial court refused to allow the jury to consider prejudgment interest, characterizing the claim as unliquidated. The appellate court reversed, holding that a cl
• Coal Res., Inc. v. Gulf & W. Indus., Inc.
  756 F.2d 443· 6th Cir.· 1985-03-04 ·cited 13×
  The court held that an integration clause does not bar claims for fraudulent inducement or breach of implied covenants, and that the parol evidence rule does not apply to evidence of fraud in the inducement.
• Exim Indus., Inc. v. PAN Am. World Airways, Inc.
  754 F.2d 106· 2d Cir.· 1985-01-31 ·cited 13×
  The court held that minor omissions in air waybills regarding package particulars and the notice of Convention applicability do not preclude a carrier from limiting its liability under the Warsaw Convention.
• Parsons & Whittemore Ala. Mach. & Servs. Corp. & Parsons & Whittemore, Inc. v. Yeargin Constr. Co., Inc.
  744 F.2d 1482· 11th Cir.· 1984-10-26 ·cited 13×
  A district court judgment confirming an arbitration award is governed by statutory post-judgment interest rates, and post-judgment interest can accrue on pre-judgment interest.
• W.A. Wright, Inc. v. KDI Sylvan Pools, Inc.
  746 F.2d 215· 3d Cir.· 1984-10-23 ·cited 13×
  The court held that New Jersey law does not permit punitive damages for a bad faith breach of a commercial contract absent a special relationship, and affirmed the award of prejudgment interest.
• Gelfand v. Mortg. Invs. OF Wash.
  453 So. 2d 897· Fla. 4th DCA· 1984-08-08 ·cited 13×
  De Anza Properties purchased a mobile home park from Mortgage Investors of Washington and later sued for breach of contract and warranty. The court affirmed the trial court's finding that an easement granted to De Anza was non-exclusive despite the use of the term 'exclusive' in
• Erskine Fla. Props., Inc. v. Hartwell
  451 So. 2d 976· Fla. 4th DCA· 1984-06-13 ·cited 13×