Prejudgment Interest

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

• Cont'l Ins. Co. v. Vacuum Dig Enters., Inc.
  M.D. Fla.· 2024-12-02
  The court adopted the Magistrate Judge's recommendation to grant the motion for default judgment.
• Cont'l Ins. Co. v. Vacuum Dig Enters., Inc.
  M.D. Fla.· 2024-11-13
  The court recommended granting default judgment for breach of contract and violation of Florida's Worthless Payment Statute, awarding specified damages.
• Berkley Ins. Co. v. Suffolk Constr. Co., Inc.
  S.D. Fla.· 2024-11-01
  The court granted the plaintiff's motion to amend the judgment to include prejudgment interest, finding it is mandatory under Florida law once damages are liquidated.
• Gemini Ins. Co. v. Zurich Am. Ins. Co.
  119 F.4th 1296· 11th Cir.· 2024-10-23
  The Eleventh Circuit held that Gemini's 'other insurance' clause is excess to Zurich's, reversing the district court's pro rata allocation and remanding for a $1,000,000 judgment for Gemini. The court also affirmed the award of prejudgment interest on the first $500,000 and direc
• Las Brisas v. Empire Indem. Ins.
  M.D. Fla.· 2024-10-01
  The court granted in part and denied in part Empire's motion in limine, allowing Las Brisas to pursue claims for delay damages, appraisal costs, prejudgment interest, and attorney's fees, but limiting the calculation of delay damages.
• Buck v. Viking Holding Mgmt. Co. LLC
  Del. Super. Ct.· 2024-09-30
  The Delaware Court of Chancery found that Novus Media, LLC (Novus) and its parent company, Viking Holding Management Company (Holdco), did not prove by a preponderance of the evidence that Michael Buck was terminated for 'Cause' as defined in the Holdco LLC Agreement. The court d
• Sanjiv Mehra v. Teller
  Del. Ch.· 2024-09-20
  The court held that the plaintiffs are entitled to specific performance of the economic rights provisions and damages for breach of contract and fiduciary duty. The court found that the Equal-Sharing Provision was triggered based on the plain language of the LLC agreement, and th
• Fla. Beauty Express, Inc. v. JVN Express, Inc.
  S.D. Fla.· 2024-09-20
  The court recommended granting plaintiff's motion for final default judgment, finding that the defendant's default admitted the well-pleaded allegations establishing liability under the Carmack Amendment and that the plaintiff sufficiently demonstrated its damages.
• Data Logger Solutions, LLC v. Digi Smartsense, LLC
  Del. Super. Ct.· 2024-09-18
  The court granted the defendant's motion for remittitur, reducing the jury's award for future commissions from $10,000,000 to $3,359,592, because the larger amount was speculative and not supported by expert testimony. The court denied the plaintiff's motion for attorney's fees,
• Alternative Materials LLC v. TCH Constr. Grp. Inc
  N.D. Fla.· 2024-09-12
  The court recommended dismissing TCH's counterclaims for failure to prosecute and granting AM's motion to amend its complaint to dismiss claims against TCH, and entering final judgment against Monroe.
• Sarn Sd3, LLC
  Del.· 2024-09-12
  The Delaware Supreme Court affirmed the Superior Court's decisions, holding that the contract's provisions for an "Independent Valuation" were clear and unambiguous, precluding judicial inquiry into the valuation methodologies. The Court also affirmed the denial of motions for sa
• NEW Start Holdings, LLC.
  Del. Ch.· 2024-09-04
  The Court of Chancery held that the plaintiffs' claims were barred by the doctrine of unclean hands due to their fraudulent conduct and presentation of false evidence. The court also found that no partnership existed between Wallace and Double Forest, and that the agreements for
• SHM LMC, LLC v. M/y Triumphant Lady
  S.D. Fla.· 2024-09-04
  The court recommended granting in part and denying in part the motion for default final judgment, finding the plaintiff established a maritime lien for necessaries and custodia legis services, and recommending an award of damages, costs, and sale of the vessel.
• Ino Halegua v. Lerner
  Fla. 3d DCA· 2024-09-04
  A party is entitled to prejudgment interest from the date of loss when a claim becomes liquidated by judgment, and the trial court erred in denying prejudgment interest where the evidence at trial established specific dates of loss through checks and testimony detailing underpaym
• Doe v. Carnival Corp.
  S.D. Fla.· 2024-08-30
  The court adopted the Magistrate Judge's recommendation and granted the plaintiff's motion to enter judgment, including pre-judgment interest.
• LDL Cap., LLC v. Blume
  S.D. Fla.· 2024-08-23
  The Court granted Plaintiffs' Motion for Default Final Judgment because the Defendant failed to respond and the Plaintiffs adequately established jurisdiction and stated a claim for breach of contract.
• Winklevoss Cap. Fund, LLC v. Shaw
  Del. Ch.· 2024-08-21
  The Court of Chancery denied rescissory damages and most compensatory damages for corporate opportunities due to plaintiffs' failure to plead or prove lost profits and their violation of Rule 54(c) by seeking relief different in kind from the complaint. However, the court awarded
• Save Our Allies, LLC v. Gustin
  S.D. Fla.· 2024-08-12
  The court recommended granting the plaintiff's motion for pre-judgment and post-judgment interest but denying attorneys' fees without prejudice, allowing the plaintiff to resubmit a revised request limited to fees for the civil theft claim.
• Applya Corp. v. TBG Tech Co. LLC
  S.D. Fla.· 2024-08-02
  The court granted in part and denied in part Plaintiff's motion for default judgment, awarding compensatory damages and attorneys' fees but denying punitive and treble damages.
• Tormax USA, LLC v. Kennedy Contractors, Inc.
  Fla. 4th DCA· 2024-07-24
  A trial court does not abuse its discretion in denying a motion to set aside a default for excusable neglect, but summary judgment on damages is improper when factual issues exist regarding the contract damages.
• Synchrony Bank v. Cabinets To Go, LLC
  S.D. Fla.· 2024-07-23
  The court adopted the Magistrate Judge's recommendation, denying prejudgment interest on lost profits but awarding it on a specific bonus amount.
• Fitzgerald v. Mercedes-Benz Fin. Servs. USA LLC
  M.D. Fla.· 2024-07-11
  Plaintiff Fitzgerald leased an SUV from Mercedes-Benz and stopped making payments, believing the lease was fraudulent based on sovereign citizen theories; the lender's servicer MBFS obtained a repossession, and Fitzgerald sued for fraud, FDCPA violations, discrimination, and othe
• Centrella v. Avantor, Inc.
  Del. Ch.· 2024-07-01
  The Delaware Court of Chancery held that a former employee of a subsidiary is entitled to mandatory advancement under the parent company's bylaws. The court found that the subsidiary employed the plaintiff based on the weight of evidence, including payroll, control over job perfo
• Marmol v. Kalonymus Dev. P'rs, LLC
  S.D. Fla.· 2024-06-12
  The court adopted the magistrate judge's report and recommendations, largely denying the buyer's motion for prejudgment interest on cost-of-capital damages.
• Workwear Outfitters, LLC v. ADN Jeans Grp., LLC
  M.D. Fla.· 2024-05-29
  The court granted default judgment for unjust enrichment and restitution, awarding damages and pre-judgment interest, but denied the claim for conversion.
• Brown v. Matterport, Inc.
  Del. Ch.· 2024-05-28
  The court held that while the plaintiff was entitled to damages for losses incurred due to the erroneous application of transfer restrictions on his shares, the "highest intermediate price" method was inappropriate. Instead, damages were calculated using the average price of Matt
• Suazo de Ordonez v. Mint Ctr., LLC
  S.D. Fla.· 2024-05-24
  The court granted the motion to enforce the settlement agreement and entered final judgment for the plaintiffs.
• Nuvasive, Inc. v. Absolute Med., LLC
  M.D. Fla.· 2024-05-17
  The court denied plaintiff's requests for quantification of damages and fees without prejudice, requiring re-briefing due to insufficient support and analysis.
• In re Columbia Pipeline Grp.
  Del. Ch.· 2024-05-15
  The Delaware Court of Chancery held that the buyer (TransCanada) was entitled to a settlement credit under DUCATA, but not to the extent argued, due to its own misconduct. The court allocated 50% of the responsibility for the Sale Process Claim and 42% for the Disclosure Claim to
• Sos v. State Farm Mut. Auto. Ins. Co.
  M.D. Fla.· 2024-05-13
  The Eleventh Circuit reversed the district court's attorney's fee award, finding the relevant market for hourly rates was Central Florida and that a 2.5 multiplier was too high, remanding for recalculation.
• Associated Energy Grp., LLC v. Astro Air Int'l, Inc.
  S.D. Fla.· 2024-05-09
  The court granted Plaintiff's motion for default judgment, finding that the well-pleaded allegations of the complaint established Defendant's liability and Plaintiff's right to relief.
• The Lane Constr. Corp. v. Skanska USA Civil Se., Inc.
  M.D. Fla.· 2024-05-03
  Lane Construction Corporation sued Skanska USA Civil Southeast as managing partner of a joint venture constructing Florida's massive I-4 Ultimate Project, alleging breach of fiduciary duties when Skanska rejected the termination option and pursued settlement with the state instea
• Jiangmen Benlida Printed Cir. Co., Ltd. v. Circuitronix, LLC
  S.D. Fla.· 2024-04-16
  The court held that a motion to amend a judgment to include prejudgment and post-judgment interest was timely because a prior Rule 50(b) motion suspended the finality of the judgment, and prejudgment interest is a matter of law under Florida statutes when damages are liquidated.
• Deltona Transformer Corp. v. The Noco Co.
  M.D. Fla.· 2024-04-03
  The court held that motions for attorney's fees and costs are premature and should be denied without prejudice pending resolution of other motions and appeals.
• Knauf de Colombia v. Hakim-Daccach
  Fla. 3d DCA· 2024-02-21
  A jury verdict must be reduced by setoffs from related settlements to prevent double recovery, and pre-judgment interest must be recalculated accordingly.
• Rhodes v. Biomerieux, Inc.
  Del. Ch.· 2024-02-16
  The Court held that the former CEO and director of Specific Diagnostics, Inc. (Plaintiff) is entitled to advancement of expenses for defending against claims brought by bioMérieux, Inc. (Defendants) in a separate lawsuit. However, Plaintiff is not entitled to advancement for expe
• Citizens Prop. Ins. Corp. v. Peipert
  Fla. 3d DCA· 2024-02-14
  An insured is not entitled to prejudgment interest when the insurer does not deny coverage, participates in appraisal, and timely pays the appraisal award within sixty days.
• Deane v. Maginn
  2022 WL 1655797· Del. Ch.· 2024-01-31
  The Court held that a release signed by members of a limited liability company (LLC) is inequitable and will not prevent those members from sharing in a post-trial damages award, as the solicitation for the release omitted material facts and the members' funds were used to purcha
• Dozr, Ltd. v. Bighorn Constr. & Reclamation, LLC
  M.D. Fla.· 2023-12-20
  The Court adopts the magistrate judge's report and recommendation, granting Plaintiff's motion for default judgment on Count I and denying it as moot on Count II.
• FTF Lending, LLC v. Prestige Realty Consultants, Inc.
  M.D. Fla.· 2023-11-20
  The court denied plaintiff's motions for default judgment and attorney's fees without prejudice because they lacked required legal memoranda and sufficient evidence to support the requested relief.
• Deltona Transformer Corp. v. The Noco Co.
  M.D. Fla.· 2023-11-15
  The court granted in part and denied in part the motion for approval of a supersedeas bond and stay, setting the bond amount at 125% of the unexecuted judgment to account for potential fees, costs, and interest.
• Weinman v. Warren
  M.D. Fla.· 2023-09-29
  The court granted summary judgment in part, finding the defendant breached her fiduciary duty as trustee and that her transfer of property was both actually and constructively fraudulent, while denying the claim for overdue distribution as a separate cause of action.
• Suarez Magual v. Anez Dager
  S.D. Fla.· 2023-09-27
  The court confirmed and enforced a foreign arbitral award, granting the petitioners' application for recognition and enforcement.
• T.T. Int'l Co., Ltd v. BMP Int'l, Inc.
  M.D. Fla.· 2023-09-21
  The court denied the defendants' motion to vacate, alter, or amend the judgment, finding no newly discovered evidence or manifest error of law or fact.
• Bei Jing Han Tong San Kun Ke Ji You Xian Gong Si v. Atl. Med. Prods., LLC
  M.D. Fla.· 2023-09-07
  The court granted in part and denied in part the motion for default judgment, awarding limited damages for breach of contract and granting declaratory relief regarding trademark ownership.
• GS Holistic, LLC v. Brother Pastor LLC
  M.D. Fla.· 2023-09-05
  The court held that attorney's fees and costs are recoverable as sanctions under Rule 11 and 28 U.S.C. § 1927 for frivolous litigation, and that expert fees are recoverable, but not loan expenses or prejudgment interest.
• Abbvie Endocrine Inc. v. C.A. No. 2020-0953-SG Takeda Pharm. Co. Ltd.
  Del. Ch.· 2023-09-05
  The Court affirmed its prior finding that Takeda breached its supply agreement with AbbVie and proceeded to determine the quantum of damages. The Court adopted AbbVie's damages estimation methodology, finding it capable of producing a reliable, non-speculative estimate. While mos
• Sepulveda v. City of Doral
  S.D. Fla.· 2023-08-24
  The court held that prejudgment interest is not appropriate for a jury's award of past damages when liability and damages were not ascertainable until trial.
• Wiand v. Adamek
  M.D. Fla.· 2023-08-15
  The court held that the Receiver is entitled to summary judgment on his claim for fraudulent transfers under the Florida Uniform Fraudulent Transfer Act, as the defendants received false profits from a Ponzi scheme and failed to establish affirmative defenses of good faith or rea
• Little River Transp., LLC v. Oink Oink, LLC
  S.D. Fla.· 2023-08-07
  The court adopted the magistrate judge's report and recommendation, overruling the defendant's objection regarding the accrual dates for prejudgment interest.