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

• Buck v. Burton
  768 F.2d 285· 8th Cir.· 1985-07-22 ·cited 12×
  Post-judgment interest under 28 U.S.C. § 1961 should accrue from the date of the original jury verdict when a judgment n.o.v. is reversed.
• Hercules, Inc. v. Stevens Shipping Co.
  765 F.2d 1069· 11th Cir.· 1985-07-16 ·cited 12×
  The court held that the stevedoring firm was negligent in loading and lashing the cargo, and this negligence was a proximate cause of the cargo loss, thus affirming the district court's apportionment of fault.
• McCONNELL v. Meba Medical AND Benefits Plan
  759 F.2d 1401· 9th Cir.· 1985-05-07 ·cited 12×
  The court held that the district court abused its discretion in denying attorneys' fees under ERISA and reversed that decision, while affirming the grant of summary judgment for the plaintiff on the supplemental benefit and the denial of punitive damages and higher prejudgment in
• Gorrill v. Icelandair/Flugleidir & Int'l Air Bahama, Ltd.
  761 F.2d 847· 2d Cir.· 1985-04-29 ·cited 12×
  The court held that the Operations Manual created binding contractual terms limiting at-will employment and affirmed piercing the corporate veil, but reversed on the calculation of fringe benefits.
• S.C. Ins. Co. v. Arnold
  467 So. 2d 324· Fla. 2d DCA· 1985-02-13 ·cited 12×
  Personal injury protection (PIP) benefits are not reduced by workers' compensation benefits received when the workers' compensation subrogation lien has been satisfied from a third-party settlement.
• Chapman v. Orange Rice Milling Co.
  747 F.2d 981· 5th Cir.· 1984-12-03 ·cited 12×
  The court held that the lessor's breach of contract claim was not time-barred because the lease's clearing obligation was not breached until the end of the ten-year term, and the suit was filed within the statute of limitations.
• Dennis v. R.I. Hosp. Tr. Nat'l Bank
  744 F.2d 893· 1st Cir.· 1984-09-28 ·cited 12×
  The court affirmed the district court's judgment, modifying the surcharge amount, and affirmed the denial of prejudgment interest and attorneys' fees.
• Doty v. Eddy Elias
  733 F.2d 720· 10th Cir.· 1984-05-03 ·cited 12×
  The court held that plaintiffs were employees under the FLSA, that the employer's method of compensating tipped employees violated the Act, and that the employer failed to establish good faith and reasonable grounds to avoid liquidated damages.
• Gholam H. Zahir v. Shell OIL Co.
  718 F.2d 1567· Temp. Emer. Ct. App.· 1983-09-19 ·cited 12×
  A gasoline supplier must continue supplying the dealer in possession of a service station during a dispute over possession, even if the supplier has no interest in the station itself. Indemnity agreements are enforceable based on their express language.
• McDOWELL-Wellman Eng'g Co. v. Hartford Accident & Indem. Co. & Lexington Ins. Co. & Rollins
  711 F.2d 521· 3d Cir.· 1983-06-30 ·cited 12×
  The court should have found that the expenses claimed as business interruption loss are within the policy's coverage and not barred by the product exclusion clause.
• ST. Joseph Light & Power Co. v. Zurich Ins. Co.
  698 F.2d 1351· 8th Cir.· 1983-01-24 ·cited 12×
  The court held that prejudgment interest is mandatory under Missouri law when the total amount of damages is ascertainable, even if insurers dispute liability or coverage. The court also affirmed the grant of judgment n.o.v. for Great American on the extra expense claim due to la
• Equal Emp. Opportunity Comm'n v. Liggett & Myers Inc.
  690 F.2d 1072· 4th Cir.· 1982-09-28 ·cited 12×
  The court held that while liability for violating the Equal Pay Act was properly found, the method of calculating back pay awards was erroneous and required remand for recomputation.
• Overseas Dev. Disc Corp. v. Sangamo Constr. Co., Inc.
  686 F.2d 498· 7th Cir.· 1982-08-10 ·cited 12×
  The assignment of Farouki's rights to UDC was valid, and the district court's factual findings regarding the existence and modification of the July 1975 contract were clearly erroneous.
• Devex Corp. v. Gen. Motors Corp.
  667 F.2d 347· 3d Cir.· 1981-12-15 ·cited 12×
  The court affirmed the Special Master's and district court's findings regarding patent infringement, damages, and royalty rates, while also addressing cross-appeals on various issues.
• GUY James Constr. Co. v. Trinity Indus., Inc.
  644 F.2d 525· 5th Cir.· 1981-05-08 ·cited 12×
  The court held that the election of remedies doctrine did not bar the suit, the early delivery premium was a proper damage element, and liquidated damages were calculated correctly. However, prejudgment interest on the full original claim was improperly awarded, and home office o
• Wendee Henricksen v. Henricksen
  640 F.2d 880· 7th Cir.· 1981-02-06 ·cited 12×
  A brokerage firm is liable under Section 20(a) of the Securities Exchange Act of 1934 and common law respondeat superior for its employee's fraudulent actions when it fails to adequately supervise the employee and enforce its own compliance rules, even if the client granted discr
• Cont'l Bank & Tr. Co. for the Lot Purchasers v. Am. Bonding Co.
  630 F.2d 606· 8th Cir.· 1980-09-10 ·cited 12×
  The court held that the district court erred by failing to deduct the unpaid contract price from the damages awarded, as required by the prior mandate, and that prejudgment interest was improperly awarded on an unliquidated claim.
• Sheryn Kautz Fietzer and Oward Kautz v. Ford Motor Co.
  622 F.2d 281· 7th Cir.· 1980-05-13 ·cited 12×
  The court held that the trial court committed prejudicial error by unreasonably restricting voir dire and by improperly excluding evidence relevant to the allocation of comparative negligence.
• Omaha Paper Stock Co. v. Harbor Ins. Co.
  596 F.2d 283· 8th Cir.· 1979-03-28 ·cited 12×
  The court held that the increased production of low-grade paper at a second plant did not negate a total suspension of business at the insured plant, as the insurance contract required the use of available facilities to expedite business at the insured location, not to mitigate d
• Hyde v. Land-Of-Sky Reg'l Council (formerly known as Region B Planning & Econ. Dev. Commission)
  572 F.2d 988· 4th Cir.· 1978-01-06 ·cited 12×
  The court held that the trial court did not err in denying a directed verdict for the defendant, as issues of contract ratification and definite term were deemed found by the court under FRCP 49(a), and that prejudgment interest should be awarded from the date of breach for ascer
• Lewis v. Texaco Inc.
  527 F.2d 921· 2d Cir.· 1975-12-09 ·cited 12×
  The court held that the seamen's releases, signed in the presence of a Shipping Commissioner and union representative, barred recovery under § 594 because the seamen understood the statute to be a claim for wages.
• Hedla v. Blaine McCOOL
  476 F.2d 1223· 9th Cir.· 1973-04-10 ·cited 12×
  The court held that unlicensed architects practicing in Alaska cannot recover fees or damages for copyright infringement due to the illegality of the contract, and that the accountants could recover damages for breach of contract.
• The DOW Chem. Co. v. Dixie Carriers, Inc.
  463 F.2d 120· 5th Cir.· 1972-07-05 ·cited 12×
  The court held that the time charter did not provide absolute immunity for collision damage and that the fender system's statutory violation did not cause the collisions.
• The AETNA Cas. & Sur. Co. v. The United States for Use & Benefit of R. J. Studer & Sons
  365 F.2d 997· 8th Cir.· 1966-09-23 ·cited 12×
  The court held that state statutes cannot qualify rights granted under the federal Miller Act and affirmed the trial court's determination of the excavation payment rate. However, it reversed the allowance of certain labor cost reimbursements not supported by written authorizatio
• ST. Clair v. E. AIR Lines, Inc.
  302 F.2d 477· 2d Cir.· 1962-04-24 ·cited 12×
  The court held that plaintiff's recovery against Eastern and the United States is limited to the amount of the larger judgment, and plaintiff is only entitled to interest from the date of the judgment, not the date of death.
• Shima v. Brown
  133 F.2d 48· D.C. Cir.· 1943-01-18 ·cited 12×
  The court held that Federal Rule of Civil Procedure 53(e) governs the effect of an auditor's report in a jury action, making its findings admissible as evidence but not conclusive without a stipulation. The court also held that interest should not be added to an unliquidated clai
• State Farm Fla. Ins. Co. v. Silber
  72 So. 3d 286· Fla. 4th DCA· 2011-10-19 ·cited 11×
  State Farm appealed a trial court's confirmation of a paid appraisal award and subsequent award of prejudgment interest and attorney's fees. The Fourth District Court of Appeal reversed, holding that a court cannot confirm an appraisal award that has already been paid, and that s
• Martin Cnty. v. Polivka Paving, Inc.
  44 So. 3d 126· Fla. 4th DCA· 2010-05-12 ·cited 11×
  Martin County appeals a jury verdict awarding the contractor home office overhead damages for delays in a soccer field construction project. The Fourth District Court of Appeal reverses the home office overhead damages award, holding that to recover such damages from a government
• Chalfonte Condo. Apt. Ass'n v. QBE Ins.
  526 F. Supp. 2d 1251· S.D. Fla.· 2007-11-19 ·cited 11×
  The court held that while the insurance company violated the statute by failing to strictly comply with the font size and wording requirements for a hurricane deductible notice, the absence of an express penalty in the statute means the deductible provision is not void and should
• Allapattah Servs., Inc. v. Exxon Corp.
  454 F. Supp. 2d 1185· S.D. Fla.· 2006-07-06 ·cited 11×
  The court awarded Class Counsel 31 1/3% of the settlement fund for attorneys' fees and 1.3% for incentive awards to Class Representatives, based on the case's complexity, duration, and benefits conferred.
• Offs. Togolais Des Phosphates v. Mulberry Phosphates, Inc.
  62 F. Supp. 2d 1316· M.D. Fla.· 1999-07-07 ·cited 11×
  The court held that the transaction was an oral agreement for the sale of goods with an open price term, not a joint venture, and determined a reasonable price for the goods based on market value.
• Summerton v. Mamele
  711 So. 2d 131· Fla. 5th DCA· 1998-05-01 ·cited 11×
  A Florida appellate court reversed in part a judgment against a home contractor, holding that the contractor was entitled to prejudgment interest on his breach of contract claim despite failing to file a required contractor's affidavit, and that the homeowners' attorneys' fees aw
• Volkswagen OF Am., Inc. v. Smith
  690 So. 2d 1328· Fla. 1st DCA· 1997-03-10 ·cited 11×
  Volkswagen of America appeals the trial court's award of prejudgment interest and attorney's fees in a lemon law case involving a defective 1987 Volkswagen. The court reverses the prejudgment interest calculation, holding that interest should be suspended during the period when V
• David Kenet, M.D. v. Bailey
  679 So. 2d 348· Fla. 3d DCA· 1996-09-04 ·cited 11×
  Attorney Bailey and his law firm improperly converted trust account funds belonging to client Kenet by disbursing escrowed settlement proceeds to Bailey's personal account without authorization. The court held that trust fund obligations cannot be characterized as mere "debts" su
• Nat'l Educ. Ctrs., Inc. v. Ira Kirkland
  678 So. 2d 1304· Fla. 4th DCA· 1996-05-08 ·cited 11×
  In this second appeal of a breach of contract action, the trial court erred by modifying a previously affirmed prejudgment interest award and granting attorney's fees based on a demand for judgment that had also been previously affirmed as struck. The court reversed these modific
• Quinton Dryden v. Madison Cnty.
  672 So. 2d 840· Fla. 1st DCA· 1996-03-05 ·cited 11×
  Taxpayers appealed a trial court decision denying refunds for special assessments levied in 1989-1990 by Madison County based on ordinances later found to be invalid. The court affirmed the denial of refunds for 1989-1990 under the good faith doctrine but reversed an award of pre
• Burr v. Norris
  667 So. 2d 424· Fla. 2d DCA· 1996-01-24 ·cited 11×
  The appellate court reversed and remanded for a new trial, agreeing with the appellant on several issues regarding his lawsuit against the appellee concerning possession of a house and improvements made to it.
• Kendall Racquetball Invs., Ltd. v. The Green Cos.
  657 So. 2d 1187· Fla. 3d DCA· 1995-05-03 ·cited 11×
  The appellate court affirmed in part and reversed in part a cost judgment, agreeing with the defendant that the trial court abused its discretion by awarding expert witness fees for an appraiser, parking engineer, and planning and zoning consultant without sufficient evidence of
• Fla. Farm Bureau Cas. Ins. Co. v. Patterson
  611 So. 2d 558· Fla. 1st DCA· 1992-12-22 ·cited 11×
  Florida Farm Bureau appealed a judgment awarding Timothy Patterson compensatory damages for conversion of his automobile after the insurance company improperly salvaged his vehicle without consent before settlement. The court affirmed that conversion occurred but reversed and rem
• Lilley v. BTM Corp.
  958 F.2d 746· 6th Cir.· 1992-03-12 ·cited 11×
  The court held that Lilley was an employee, but reversed the denial of prejudgment interest and remanded for recomputation of costs and assessment of prejudgment interest.
• ST. Paul Fire & Marine Ins. Co. v. Vigilant Ins. Co.
  919 F.2d 235· 4th Cir.· 1990-11-21 ·cited 11×
  An insurer that breaches its duty to defend its insured is estopped from later arguing that the underlying events occurred outside its policy period and must contribute to settlements and defense costs.
• White v. Am. Airlines, Inc.
  915 F.2d 1414· 10th Cir.· 1990-10-01 ·cited 11×
  The court held that the jury instruction on the plaintiff's burden of proof regarding the motive for discharge was erroneous because it did not require the refusal to commit perjury to be a significant factor in the termination decision. The court reversed and remanded for a new
• McNICKLE v. Bankers Life & Cas. Co.
  888 F.2d 678· 10th Cir.· 1989-10-30 ·cited 11×
  The court held that the district court abused its discretion by denying a Rule 60(a) motion to correct an omission in its judgment regarding prejudgment interest. The court found that the omission was a clerical error that could be corrected under Rule 60(a).
• Millard v. Brannan
  553 So. 2d 1248· Fla. 2d DCA· 1989-10-11 ·cited 11×
  Barbara Millard and the Rices appealed from a judgment in a landlord-tenant dispute where the trial court awarded only $8,000 in damages for converted restaurant equipment valued at $40,000-$68,000, and set prejudgment interest to commence from January 4, 1988 rather than the dat
• Ginsberg v. Keehn
  550 So. 2d 1145· Fla. 3d DCA· 1989-08-29 ·cited 11×
  In a consolidated appeal regarding attorney's fees in a shareholder derivative action, the Florida District Court of Appeal affirmed the trial court's award of $35,000 in fees to derivative counsel while denying fees to individual counsel, and affirmed the charging lien priority,
• Fauber v. KEM Transp. & Equip. Co., Inc.
  876 F.2d 327· 3d Cir.· 1989-05-31 ·cited 11×
  The Third Circuit affirmed the district court's taxation of costs but modified the award of delay damages. The court held that Pennsylvania law on delay damages in tort is substantive for Erie purposes and must be applied in federal diversity cases. The court further held that th
• Hilord Chem. Corp. v. Ricoh Elecs., Inc.
  875 F.2d 32· 2d Cir.· 1989-05-15 ·cited 11×
  The court held that the district court properly denied summary judgment based on the merchant's exception to the Statute of Frauds, but erred in failing to instruct the jury on the requirement for a buyer to seek a covering contract before recovering consequential damages.
• Coal Resources v. Gulf & W. Indus., Inc.
  865 F.2d 761· 6th Cir.· 1989-01-13 ·cited 11×
  The court held that the majority erred in excluding expert testimony as speculative, as the expert's reliance on data was reasonable under Fed. R. Evid. 703, and credibility is for the jury.
• Phillips Petroleum Co. v. Stokes OIL Co., Inc.
  863 F.2d 1250· 6th Cir.· 1988-12-12 ·cited 11×
  The court affirmed the trial court's judgments, finding no error in the apportionment of liability, rejection of the implied warranty claim, admission of evidence, determination of damages, or award of prejudgment interest.
• Rohrback v. Maxwell Dauer
  528 So. 2d 1362· Fla. 3d DCA· 1988-08-09 ·cited 11×
  In this civil appeal, Rohrback challenged the trial court's denial of his motion for new trial based on alleged improprieties in opposing counsel's final argument, as well as other evidentiary and instructional errors. The appellate court largely affirmed the trial court's judgme