Prejudgment Interest

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

• S. Bend Lathe, Inc. v. Amsted Indus., Inc.
  925 F.2d 1043· 7th Cir.· 1991-02-22 ·cited 2×
  The court held that the indemnity provision clearly obligated Amsted to indemnify South Bend for product liability claims arising from products shipped before the sale date, and that prejudgment interest was mandatory under Illinois law.
• Larr v. The Minn. Mut. Life Ins. Co.
  924 F.2d 65· 5th Cir.· 1991-02-01 ·cited 2×
  The court held that an insurer waived its right to terminate a policy based on age by continuing to accept premium payments after the insured reached the specified age, and that punitive damages were not warranted.
• Cooper v. Loper
  923 F.2d 1045· 3d Cir.· 1991-01-17 ·cited 2×
  The court held that the district court had admiralty jurisdiction, the dockowner waived its jury trial right, and the district court's findings of fact were not clearly erroneous; however, the shipowners were entitled to full indemnity and attorneys' fees.
• Est. OF Robert W. Korf, Sr. v. A.O. Smith Harvestore Prods., Inc.
  917 F.2d 480· 10th Cir.· 1990-11-06 ·cited 2×
  The court affirmed the compensatory and punitive damage awards but reversed and remanded the denial of prejudgment interest on the compensatory damages.
• Mahmoud Ziaee and John L. Sherlock v. Vest
  916 F.2d 1204· 7th Cir.· 1990-10-19 ·cited 2×
  The court held that the district court erred in its interpretation of Plan 1 and its calculation of Plan 2 benefits, and that prejudgment interest should not be awarded on funds tendered by the employer. The court also vacated the award of statutory penalties and attorneys' fees,
• H & W Indus., Inc. v. Occidental Chem. Corp.
  911 F.2d 1118· 5th Cir.· 1990-09-19 ·cited 2×
  The court affirmed the district court's rulings, finding no error in the exclusion of trade usage evidence, the refusal of a jury instruction regarding conflicting contract terms, the jury's award of consequential damages, or the denial of prejudgment interest.
• Cole Energy Dev. Co. v. Ingersoll-Rand Co.
  913 F.2d 1194· 7th Cir.· 1990-09-13 ·cited 2×
  The court held that the district court erred in denying the parties a trial on damages and in calculating the amount of damages awarded to Cole, requiring a remand for further proceedings.
• Anders E. Trell v. Marlee Elecs. Corp.
  912 F.2d 1443· Fed. Cir.· 1990-08-31 ·cited 2×
  The court held that a single, exclusive license agreement is insufficient to establish a reasonable royalty rate for patent infringement damages, and damages cannot be awarded for contributory infringement prior to the infringer's knowledge of the patent.
• Harbor Ins. Co. v. Omni Constr., Inc.
  912 F.2d 1520· D.C. Cir.· 1990-08-28 ·cited 2×
  The court held that the professional services exclusion in an insurance policy unambiguously applies to engineering services performed incidental to construction work, and is not rendered ambiguous by industry custom.
• Tex. Commerce Bank Nat'l Ass'n v. Cap. Bancshares, Inc.
  907 F.2d 1571· 5th Cir.· 1990-08-09 ·cited 2×
  The court held that the letter agreement was not a guaranty and affirmed the dismissal of claims against the directors, but reversed and remanded the prejudgment interest award due to lack of explanation.
• In re Wolverton Assocs. v. Official Creditors' Comm.
  909 F.2d 1286· 9th Cir.· 1990-07-25 ·cited 2×
  The court held that Wickland's receipt of sale proceeds was a voidable postpetition transfer, but reversed the damages award due to insufficient evidence for the valuation and remanded for recalculation.
• Bentley Constr. Dev. & Eng'g Inc. v. ALL Phase Elec. & Maint., Inc.
  562 So. 2d 800· Fla. 2d DCA· 1990-05-30 ·cited 2×
  The court held that the payment condition in the subcontract was not ambiguous and should be enforced as written, despite the lack of explicit 'condition precedent' language.
• Alaska Airlines, Inc. v. United Airlines, Inc.
  902 F.2d 1400· 9th Cir.· 1990-05-07 ·cited 2×
  The court certified three questions to the Alaska Supreme Court regarding the application of Alaska law to attorneys' fees and prejudgment interest, despite a contractual choice of law provision for Illinois law.
• Alfreda M. Shideler v. Conn. Gen. Life Ins. Co.
  563 So. 2d 1082· Fla. 5th DCA· 1990-04-26 ·cited 2×
  The court held that state law allowing prejudgment interest on life insurance proceeds is not preempted by ERISA when it affects the plan only peripherally.
• Melva Pressey v. Kendall R. Patterson
  898 F.2d 1018· 5th Cir.· 1990-04-23 ·cited 2×
  The court held that striking the City's answer and entering a default judgment for discovery abuse was an abuse of discretion, as the misconduct did not rise to the level of bad faith or willful abuse required for such a severe sanction.
• Douglass v. DELTA AIR Lines, Inc.
  897 F.2d 1336· 5th Cir.· 1990-04-09 ·cited 2×
  The court held that the trial court erred in calculating lost inheritance by failing to account for the beneficiaries' ability to earn a return on assets, and that the awards for loss of society and companionship for the minor children were excessive under Texas law.
• Ins. Co. of N. Am. v. M/V Frio Brazil
  729 F. Supp. 826· M.D. Fla.· 1990-01-16 ·cited 2×
  The court held that the carrier failed to rebut the prima facie case of damage under COGSA, as the damage was not caused by insufficient packaging or inherent vice, but likely by improper temperature control during the voyage.
• Black v. Cousins Constr. Co.
  556 So. 2d 1146· Fla. 2d DCA· 1989-12-22 ·cited 2×
  The court held that prejudgment interest should not have been awarded on the amount Cousins owed for mechanics' lien services, as Cousins did not incur a loss until that debt was reduced to judgment.
• Equal Emp. Opportunity Comm'n v. Carolina Freight Carriers Corp.
  723 F. Supp. 734· S.D. Fla.· 1989-10-26 ·cited 2×
  The court held that the defendant's conviction policy, while facially neutral, had a disparate impact on Hispanic applicants, and the EEOC failed to prove that the policy was a business necessity for controlling theft.
• Suchman v. Nat'l Hauling, Inc.
  549 So. 2d 200· Fla. 3d DCA· 1989-07-18 ·cited 2×
  National Hauling sued to enforce a mechanic's lien for fill materials provided to a construction project, but the trial court denied the lien based on failure to serve notice on the general contractor within 45 days, while granting a quantum meruit judgment without prejudgment in
• The Chesapeake & Ohio Ry. Co. v. United States Steel Corp.
  878 F.2d 686· 3d Cir.· 1989-06-20 ·cited 2×
  The court held that shipper's refund claims were overcharges subject to a three-year statute of limitations and that prejudgment interest is mandated in such cases, not discretionary.
• Fed. Sav. & Loan Ins. Corp. for San Marino Sav. & Loan Ass'n v. Quality Inns, Inc.
  876 F.2d 353· 4th Cir.· 1989-05-30 ·cited 2×
  The court held that Maryland law permits prejudgment interest at the statutory rate of ten percent, not capped at the constitutional six percent rate.
• Gen. Ry. Signal Co. v. Wash. Metro. Area Transit Auth.
  875 F.2d 320· D.C. Cir.· 1989-05-12 ·cited 2×
  The court affirmed the district court's judgment, holding that the contract's bid price for eliminated work did not reflect reasonable costs and that WMATA waived sovereign immunity from prejudgment interest, which was to be calculated at six percent from the date of the final de
• Rosebud Sioux Tribe v. A & P Steel, Inc.
  874 F.2d 550· 8th Cir.· 1989-05-10 ·cited 2×
  The court held that the Tribe's sovereign immunity was waived by its corporate charter and by initiating the lawsuit, and that the Tribe impliedly accepted the contract performance, but modified the prejudgment interest start date.
• Sec. Fin. Grp., Inc. v. N. Ky. Bank & Tr., Inc.
  875 F.2d 529· 6th Cir.· 1989-04-27 ·cited 2×
  The court clarified its prior decision, reversing the grant of summary judgment and remanding for a determination on reinstating a counterclaim.
• Charter Crude Oil Co. v. Exxon Co.
  103 B.R. 302· M.D. Fla.· 1989-04-20 ·cited 2×
  The court held that Exxon's objections to the bankruptcy court's report and recommendation were overruled, adopting the bankruptcy court's findings regarding setoff, prejudgment interest, contract interpretation, mitigation of damages, and allowance of claims.
• Sobiech v. Int'l Staple & Mach. Co., Inc.
  867 F.2d 778· 2d Cir.· 1989-02-10 ·cited 2×
  A buyer's extensive use and actual knowledge of defects in goods prior to purchase preclude implied warranties, and continued use of goods for over three years after purchase constitutes acceptance, negating revocation.
• Schmidt v. Renate Turiano
  536 So. 2d 1073· Fla. 4th DCA· 1988-11-09 ·cited 2×
  A daughter sued her mother to recover funds invested in constructing an apartment addition to the mother's home pursuant to an oral agreement. The trial court awarded the daughter the cost of construction plus prejudgment interest, offset by rent owed to the mother. On appeal, th
• Borden, Inc. v. Fed. Energy Regulatory Comm'n
  855 F.2d 254· 5th Cir.· 1988-09-23 ·cited 2×
  The court held that the Federal Energy Regulatory Commission's order directing monetary payback with interest was supported by reasoned consideration and did not constitute an abuse of discretion or violate due process.
• The Hartford Accident & Indem. Co. v. United Gen. Ins. Co.
  855 F.2d 228· 5th Cir.· 1988-09-20 ·cited 2×
  The court held that appeal bond costs should be credited against the excess insurer's policy limit, but pre-judgment interest and certain post-judgment interest should not. The court also affirmed the district court's assessment of post-judgment interest accruing after the primar
• Clifford v. M/V Islander
  846 F.2d 111· 1st Cir.· 1988-05-13 ·cited 2×
  The court held that the district court did not abuse its discretion in denying prejudgment interest on the contract award, given the complexity of the issues and the parties' extreme positions.
• Walker v. Messerschmitt Bolkow Blohm GmBH
  844 F.2d 237· 5th Cir.· 1988-05-10 ·cited 2×
  The court held that Lone Star was North Central's independent contractor as a matter of law, thus Walker's negligence could not be imputed to North Central, and that prejudgment interest should be awarded at ten percent, not six percent.
• United States Ex Rel. Carlisle Constr. Co. v. Coastal Structures, Inc.
  689 F. Supp. 1092· M.D. Fla.· 1988-03-21 ·cited 2×
  The court held that transportation and return charges, as well as post-termination rental payments, were recoverable under the Miller Act because they were necessary for performance and contemplated by the parties, and plaintiff reasonably mitigated damages.
• Lang v. Great Falls Sch. Dist. NO. 1 & A
  842 F.2d 1046· 9th Cir.· 1988-03-02 ·cited 2×
  Advancement on a salary schedule based on years of teaching experience is a perquisite of seniority protected by the Veterans' Reemployment Rights Act, and a district court's denial of prejudgment interest due to delay is within its discretion.
• Buford v. Wilmington Tr. Co.
  841 F.2d 51· 3d Cir.· 1988-02-25 ·cited 2×
  The court held that the jury's finding of liability for breach of contract was supported by the evidence, but the damages were improperly calculated based on the judgment date value of the stock.
• Nilson-Newey & Co. v. Ballou
  839 F.2d 1171· 6th Cir.· 1988-02-18 ·cited 2×
  A lawyer who fails to disclose material defects in title, such as acreage discrepancies and adverse claims, to a client, even when acting for multiple parties with conflicting interests, can be held liable for legal malpractice.
• Carl and Shirley Beynon v. K-Mart Corp.
  839 F.2d 283· 6th Cir.· 1988-02-12 ·cited 2×
  The court held that the district court clearly erred in finding that the defendant failed to make a good faith effort to settle, reversing the award of prejudgment interest.
• Vigilant Ins. Co. v. Humana OF Fla., Inc.
  518 So. 2d 988· Fla. 4th DCA· 1988-01-27 ·cited 2×
  The court held that an insured or its assignee is entitled to prejudgment interest on amounts paid in settlement when the insurer wrongfully denied coverage.
• Comfort Makers, Inc. v. Est. OF John W. Kenton, Sr.
  515 So. 2d 1384· Fla. 5th DCA· 1987-12-10 ·cited 2×
  Comfort Makers, Inc. and the estate of John W. Kenton, Jr. appealed a judgment awarding $55,200 in damages against the estate of John W. Kenton, Sr. for wrongfully paying himself a $60,000 bonus and prepaying a promissory note while managing his deceased son's company. The court
• Centerre Bank, N.A. v. NEW Holland Div. OF Sperry Corp.
  832 F.2d 1415· 7th Cir.· 1987-10-23 ·cited 2×
  The court held that Sperry retained a subordinate security interest in the proceeds of the sale, and conversion did not occur until demand was made.
• Fort Wayne Mortg. Co. v. Warthen
  513 So. 2d 228· Fla. 1st DCA· 1987-09-29 ·cited 2×
• Eagle-Picher Indus., Inc. v. Liberty Mut. Ins. Co.
  829 F.2d 227· 1st Cir.· 1987-09-16 ·cited 2×
  The court held that while a six-year rollback for determining diagnosability is presumptively valid, the insurer (AMICO) may present clear and convincing evidence to show a specific claim's diagnosability falls outside its policy period. The court also remanded the allocation of
• Monsanto Co. v. Hodel
  827 F.2d 483· 9th Cir.· 1987-09-03 ·cited 2×
  The court held that the Secretary of the Interior could retroactively assess increased royalties based on a new valuation formula for phosphate ore, and that the award of prejudgment interest was within the trial court's discretion.
• Fiat Motors of N. Am., Inc. v. Mellon Bank, N.A.
  827 F.2d 924· 3d Cir.· 1987-09-02 ·cited 2×
  The court held that the Wholesale Finance Commitment constituted a letter of credit and affirmed the district court's judgment regarding damages and prejudgment interest.
• Better Plastics, Inc. v. Kissimmee Util. Auth.
  511 So. 2d 402· Fla. 5th DCA· 1987-07-30 ·cited 2×
• Leenen Ex Rel. Leenen v. Ruttgers Ocean Beach Lodge, Ltd.
  662 F. Supp. 240· S.D. Fla.· 1987-06-24 ·cited 2×
  The court denied the motion to dismiss, finding no grounds for dismissal based on receivership, partnership status, statute of limitations, or prior litigation. The court granted the motion to strike certain allegations and claims for interest.
• Hughes Tool Co. v. Dresser Indus., Inc.
  816 F.2d 1549· Fed. Cir.· 1987-04-13 ·cited 2×
  The dissent argues that the district court's finding of a 60 percent profit projection was not clearly erroneous and that prejudgment interest should not have been denied for the period the patent was considered invalid.
• Janowski v. Int'l Bhd. OF Teamsters Local NO. 710 Pension Fund
  812 F.2d 295· 7th Cir.· 1987-02-09 ·cited 2×
  Plaintiffs are not "prevailing parties" entitled to attorneys' fees because they did not succeed on any substantive issues in the litigation.
• Chahram Pahlavi v. Petros Palandjian
  809 F.2d 938· 1st Cir.· 1987-01-21 ·cited 2×
  The court held that Palandjian's counterclaims were time-barred and not compulsory, and that Pahlavi was entitled to summary judgment on his claim regarding the dishonored check, with pre-judgment interest awarded from the date of dishonor.
• RED Star Express Lines v. Int'l Bhd. OF Teamsters
  809 F.2d 103· 1st Cir.· 1987-01-12 ·cited 2×