Prejudgment Interest

2,312 Florida cases classified under this topic · sorted by citation count

• Harduvel v. Gen. Dynamics Corp.
  801 F. Supp. 597· M.D. Fla.· 1992-08-15 ·cited 4×
  The court denied the plaintiff's motion for a new trial under Rule 60(b), finding the evidence was not newly discovered, due diligence was lacking, and the claims were cumulative or immaterial.
• Anthuis v. Colt Indus. Operating Corp.
  971 F.2d 999· 3d Cir.· 1992-07-27 ·cited 4×
  The court affirmed the district court's decision regarding Groscost, finding that the employer did not improperly exercise discretion in denying severance benefits.
• Mock v. T.G. & Y. Stores Co.
  971 F.2d 522· 10th Cir.· 1992-07-24 ·cited 4×
  The court held that appeals from consent judgments entered under Rule 68 are barred, and that state law claims arising from an investigation are preempted by the LMRA if their resolution depends on the collective bargaining agreement.
• State of Tex. & Tex. Dep't of Human Res. v. United States & U.S. Dep't of Agric.
  951 F.2d 645· 5th Cir.· 1992-01-28 ·cited 4×
  The court held that the Food Stamp Appeals Board's decision regarding waiver of liability was committed to agency discretion and not subject to judicial review, but reversed the award of prejudgment interest against the state.
• Ins. Co. OF N. Am. v. The United States
  951 F.2d 1244· Fed. Cir.· 1991-12-10 ·cited 4×
  A surety owes interest from the time a creditor properly demands payment under a suretyship contract, and this interest may increase the surety's obligation beyond the penal amount of the bond.
• First Nat'l Bank OF Chicago v. Atl. Tele-Network Co.
  946 F.2d 516· 7th Cir.· 1991-10-17 ·cited 4×
  The court held that the fee agreement was enforceable despite open terms in the loan agreement, but that the commitment fee should not have accrued after February 15, 1987, absent clear extension of the agreement.
• Roberts v. CFW Constr. Co., Inc.
  586 So. 2d 1309· Fla. 5th DCA· 1991-10-03 ·cited 4×
  This case concerns whether a construction company was entitled to deferred payments and prejudgment interest despite latent defects discovered after project completion. The appellate court affirmed prejudgment interest on some fees but reversed on others, remanding for further de
• Martin v. Cooper Elec. Supply Co.
  940 F.2d 896· 3d Cir.· 1991-08-08 ·cited 4×
  The court held that inside salespersons for an electrical product wholesaler are not exempt administrative employees under the FLSA because their primary duty is producing sales, not administrative work. The court also reversed the denial of liquidated damages, finding the employ
• Interstate Title Corp. v. Miller
  581 So. 2d 213· Fla. 4th DCA· 1991-06-05 ·cited 4×
• Residential Mktg. Grp., Inc. v. Granite Inv. Grp. & James C. Green
  933 F.2d 546· 7th Cir.· 1991-05-28 ·cited 4×
  The court held that the jury's interpretation of 'gross income' was reasonable and that prejudgment interest was properly awarded under Illinois law.
• Forest OIL Corp. v. Strata Energy, Inc.
  929 F.2d 1039· 5th Cir.· 1991-04-26 ·cited 4×
  Strata consented to the settlement by participating in negotiations and unreasonably withholding consent, and was an additional insured under Forest's primary American policy, thus Forest could not recover Strata's portion of the settlement paid by American; however, Strata was n
• United States v. Wilson
  926 F.2d 725· 8th Cir.· 1991-02-22 ·cited 4×
  The court held that appellants were not entitled to compound prejudgment interest or extended postjudgment interest beyond what was paid, as Nebraska law did not mandate compounding for their situation and statutory limitations applied to government interest payments.
• Nello L. Teer Co. v. Wash. Metro. Area Transit Auth.
  921 F.2d 300· D.C. Cir.· 1990-12-11 ·cited 4×
  The court held that because the issue of whether an implied contractual duty to avoid unreasonable delays in processing equitable adjustment claims can give rise to prejudgment interest involves unresolved questions of local District of Columbia law, the question must be certifie
• Equal Emp. Opportunity Comm'n v. City OF Detroit Health Dep't
  920 F.2d 355· 6th Cir.· 1990-11-30 ·cited 4×
  Once a jury determines an employer willfully violated the Equal Pay Act, the district court has no discretion to deny liquidated damages.
• Dimuccio v. D'Ambra
  750 F. Supp. 495· M.D. Fla.· 1990-10-09 ·cited 4×
  The court held that plaintiffs' claims for declaratory judgment and civil theft failed to state a claim upon which relief could be granted.
• Merrill Lynch Mortg. Corp. v. Satendra Narayan and Sudha Narayan
  908 F.2d 246· 7th Cir.· 1990-07-30 ·cited 4×
  The court held that the district court did not abuse its discretion in entering default and default judgment against the defendants, nor in denying their motions to set aside the default and vacate the judgment, but vacated the punitive damages award.
• James v. KEY
  906 F.2d 500· 10th Cir.· 1990-06-21 ·cited 4×
  The court held that the trial court erred in failing to grant judgment notwithstanding the verdict for Mitchell Energy, but did not err in denying such motions for Liquid Energy on proximate cause and legal duty.
• Leno J. Guidry, Jr. v. Booker Drilling Co. (Grace Offshore Company)
  901 F.2d 485· 5th Cir.· 1990-05-22 ·cited 4×
  Funds overpaid by an employer as compensation to an injured worker cannot be offset against an award of attorney's fees granted to the worker's attorney under the Longshore and Harbor Workers' Compensation Act.
• Gulf Consol. Servs., Inc. v. Corinth Pipeworks, S.A.
  898 F.2d 1071· 5th Cir.· 1990-04-26 ·cited 4×
  The court held that the defendant did not have sufficient minimum contacts with Texas to justify the exercise of either specific or general jurisdiction, and even if it had, the exercise of jurisdiction was unreasonable.
• Canal Ins. Co. v. First Gen. Ins. Co.
  901 F.2d 45· 5th Cir.· 1990-04-26 ·cited 4×
  The court granted the motion to recall its mandate to allow the district court to consider awarding prejudgment interest, as the issue was overlooked in the original appeal.
• Castrignano v. E.R. Squibb & Sons, Inc.
  900 F.2d 455· 1st Cir.· 1990-04-05 ·cited 4×
  The court affirmed the district court's denial of a new trial, finding that the defendant failed to preserve its objections to jury instructions and that the Rhode Island Supreme Court's decision did not constitute a change in law requiring a new trial. The court also affirmed th
• Fed. Deposit Ins. Corp. v. Nanula
  898 F.2d 545· 7th Cir.· 1990-03-27 ·cited 4×
  The court held that Nanula's loan assumption agreement was unconditional and that his liability for unpaid capital contributions was not extinguished by the FDIC's receipt of partnership assets.
• Penny v. Giuffrida
  897 F.2d 1543· 10th Cir.· 1990-03-12 ·cited 4×
  The court held that FEMA's actions did not constitute affirmative misconduct, thus it could not be equitably estopped from denying liability. The denial of attorney fees was affirmed.
• Cotter v. Eastern Conference OF Teamsters Retirement Plan
  898 F.2d 424· 4th Cir.· 1990-03-12 ·cited 4×
  The court held that the plan administrator's interpretation requiring a formal claim for vested retirement benefits was an abuse of discretion and violated ERISA's nonforfeiture provisions. The court also held that the employee's claim was not time-barred.
• United States v. Am. Mfrs. Mut. Cas. Co.
  901 F.2d 370· 4th Cir.· 1990-03-09 ·cited 4×
  A surety under the Miller Act is liable for prejudgment interest and penalties on unpaid withheld taxes if the government provides timely written notice of the contractor's default, even if the notice contains minor inaccuracies.
• Green v. USX Corp.
  896 F.2d 801· 3d Cir.· 1990-02-23 ·cited 4×
  The court affirmed the district court's judgment on disparate impact and disparate treatment claims, but remanded for further proceedings on prejudgment interest and front pay.
• Royal Coll. Shop, Inc. v. N. Ins. Co. OF N.Y.
  895 F.2d 670· 10th Cir.· 1990-02-01 ·cited 4×
  The court held that prejudgment interest should be awarded on liquidated damages (stipulated building and personal property losses) but not on unliquidated damages (inventory and loss of earnings). The court also affirmed the denial of Northern's motions regarding consequential d
• Gaddy v. Abex Corp. & Miguel Solis
  884 F.2d 312· 7th Cir.· 1989-09-06 ·cited 4×
  The court affirmed the grant of a new trial and the finding of sex discrimination but reversed the injunction against retaliation and remanded for recalculation of damages due to failure to account for plant shutdowns.
• Lloyd's U.S. Corp. v. Smallwood
  719 F. Supp. 1540· M.D. Fla.· 1989-08-23 ·cited 4×
  The court held that the vessel capsized due to the negligence of the captain and crew, not a lack of seaworthiness or overloading, and that the insurance policy covered the loss.
• Knop v. McMAHAN
  872 F.2d 1132· 3d Cir.· 1989-04-19 ·cited 4×
  The court held that subject matter jurisdiction existed because diversity was present at the time of trial and judgment, and affirmed the district court's findings of fraud and breach of contract. However, it reversed the denial of prejudgment interest.
• NCNB Nat'l Bank OF Fla. v. Fla. Ins. Guar. Ass'n
  541 So. 2d 728· Fla. 1st DCA· 1989-04-06 ·cited 4×
  NCNB National Bank of Florida sought to recover assigned unearned premiums from the Florida Insurance Guaranty Association following the insolvency of Universal Casualty Insurance Company. The court held that NCNB's claim for unearned premiums on multiple insurance policies const
• The Lubrizol Corp. v. Cardinal Constr. Co.
  868 F.2d 767· 5th Cir.· 1989-03-28 ·cited 4×
  The court held that Texas law requires a showing of wrongdoing to disregard the corporate entity, and thus refused to instruct the jury on an agency theory that did not require such proof. The court also affirmed the prejudgment interest rate, noting that while the rate awarded w
• Fla. Dep't of Ins. v. Tuveson
  543 So. 2d 245· Fla. 1st DCA· 1989-03-28 ·cited 4×
  The Division of Risk Management must pay the full amount of back pay and prejudgment interest awarded to an employee from the Florida Casualty Insurance Risk Management Trust Fund as a general liability under § 284.30, despite the Division's argument that a $100,000 policy limit
• LaFAYE v. Presser
  535 So. 2d 635· Fla. 1st DCA· 1988-12-14 ·cited 4×
  Partners in a dissolved accounting firm appealed a judgment awarding prejudgment interest at the statutory rate of 12% rather than the contractual rate of 6%. The court reversed, holding that where a contract expressly provides for interest at a specified rate, statutory prejudgm
• United States Fire Ins. Co. v. Fed. Ins. Co.
  858 F.2d 882· 2d Cir.· 1988-09-30 ·cited 4×
  The court held that where two excess insurance policies contain conflicting exhaustion clauses, they cancel each other out, requiring ratable contribution based on policy limits, and that prejudgment interest is recoverable in such contribution actions.
• Albany Ins. Co. v. Bengal Marine, Inc.
  857 F.2d 250· 5th Cir.· 1988-09-14 ·cited 4×
  The court held that the trial court did not clearly err in determining the cause of the barge's sinking and in its interpretation of the insurance policy, but erred in awarding damages for loss of use of a replacement barge.
• Grandstaff v. City OF Borger
  846 F.2d 1016· 5th Cir.· 1988-06-15 ·cited 4×
  The court held that plaintiffs were not entitled to prejudgment interest on damages awards that did not segregate past from future losses, as required by Texas law, but affirmed postjudgment interest on costs.
• In re Asbestos Cases. (Two Cases) Hoo Kin Chang and Ethel F.O. Chang v. Johns-Manville Sales Corp.
  847 F.2d 523· 9th Cir.· 1988-05-23 ·cited 4×
  The court held that the jury interrogatories and instructions adequately presented the issues to the jury, and the award of prejudgment interest was proper. The court also found the appeal to be frivolous.
• Int'l Ins. v. Johns
  685 F. Supp. 1230· S.D. Fla.· 1988-05-09 ·cited 4×
  The court held that the settlement payments made by the insured directors in the shareholder derivative action were covered losses under the directors' and officers' liability policy, as they did not fall under the policy's exclusions.
• Brock v. Tony & Susan Alamo Found.
  842 F.2d 1018· 8th Cir.· 1988-03-28 ·cited 4×
  The court held that the district court must estimate and fashion a reasonable remedy for all FLSA-covered employees improperly denied compensation, and that wage credits under 29 U.S.C. § 203(m) are limited to periods of compensable employment.
• Democratic Cent. Comm. OF the Dist. OF Columbia v. Wash. Metro. Area Transit Comm'n
  842 F.2d 402· D.C. Cir.· 1988-03-15 ·cited 4×
  The court held that the majority opinion erred in its calculation of restitution by extending the period beyond the invalidated rate order and by improperly allocating gains on nondepreciable assets to farepayers.
• Todd Farm Corp. v. Navistar Int'l Corp.
  835 F.2d 1253· 8th Cir.· 1987-12-30 ·cited 4×
  A general verdict cannot stand when one of two theories submitted to the jury was erroneously submitted.
• Manko v. United States
  830 F.2d 831· 8th Cir.· 1987-09-25 ·cited 4×
  The court affirmed the district court's finding of causation and most damage awards, but remanded for a limited factual inquiry regarding lost pension earnings. The wife's claim for loss of consortium was dismissed as time-barred.
• Wildman v. Burlington N. R.R. Co.
  825 F.2d 1392· 9th Cir.· 1987-08-24 ·cited 4×
  Punitive damages and prejudgment interest are not recoverable under the Federal Employers Liability Act (FELA).
• Hamman v. Sw. GAS Pipeline, Inc.
  821 F.2d 299· 5th Cir.· 1987-07-15 ·cited 4×
  A party acquiring an interest in property subject to a lis pendens notice takes that interest subject to the outcome of the litigation, and a settlement binding the original parties also binds the lis pendens purchaser.
• Stinnett v. Damson OIL Corp.
  813 F.2d 1394· 9th Cir.· 1987-04-02 ·cited 4×
  The court affirmed the damage award for breach of contract but reversed and remanded the award of prejudgment interest, finding it constituted a double recovery for a portion of the period.
• Minton v. Olin J. Spivey and Shirley J. Spivey
  505 So. 2d 476· Fla. 2d DCA· 1987-03-06 ·cited 4×
  This case involves a real estate broker appealing a trial court's rulings on two counts of his complaint. The appellate court reversed the denial of a commission on the sale of a mobile home park and affirmed the broker's entitlement to the balance of an option purchase price, bu
• Hakan Erzene v. Fla. Real Est. Comm'n
  504 So. 2d 427· Fla. 5th DCA· 1987-02-19 ·cited 4×
  A Florida court held that the Real Estate Recovery Fund must reimburse a buyer for all adjudicated compensatory damages from a broker's wrongdoing, not just the escrow deposit amount, since the Commission had a statutory right to defend the underlying action but failed to do so.
• Am. Home Assurance Co. v. Dykema
  811 F.2d 1077· 7th Cir.· 1987-02-03 ·cited 4×
  The court held that the American Home policy did not cover the full settlement amount because the injurious effects did not occur within its policy period, and that both American Home and Northbrook were liable for portions of the settlement.
• Merchs. & Marine Bank v. Douglas-Guardian Warehouse Corp.
  801 F.2d 742· 5th Cir.· 1986-10-06 ·cited 4×
  The court held that Douglas-Guardian negligently breached its contract by failing to ensure the inventory value met the minimum hold, but the award of prejudgment interest was an abuse of discretion.