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

• VAN Gemert v. The Boeing Co. & Thomas R. Wilcox
  553 F.2d 812· 2d Cir.· 1977-04-18 ·cited 43×
  The court held that damages should be calculated based on the stock value on the call date, and prejudgment interest is mandatory under New York law.
• Hobart v. O'Brien
  243 F.2d 735· 1st Cir.· 1957-04-22 ·cited 43×
  The court held that the trial court did not err in allowing the insurer to prosecute the action despite the employee not formally discontinuing it, and that evidentiary rulings and denial of motions were proper.
• Capitol Env't Servs., Inc. v. Earth Tech, Inc.
  25 So. 3d 593· Fla. 1st DCA· 2009-11-30 ·cited 42×
  Capitol Environmental Services appealed a judgment awarding Earth Tech $630,399.74 for breach of contract, arguing the trial court erred in denying its summary judgment motions and allowing recovery of attorney's fees from a declaratory judgment action. The court affirmed the bre
• Amerace Corp. v. Stallings
  823 So. 2d 110· Fla.· 2002-06-13 ·cited 42×
  The Florida Supreme Court resolved a conflict between district courts regarding whether plaintiffs in personal injury cases may recover prejudgment interest from the date of a jury verdict until entry of final judgment. The Court held that interest does not accrue until judgment
• Landes Constr. Co., Inc. v. Royal Bank OF Canada
  833 F.2d 1365· 9th Cir.· 1987-12-09 ·cited 42×
  The court affirmed the jury's verdict and the district court's rulings, finding sufficient evidence for an oral contract and upholding the denial of post-trial motions.
• Joia v. Jo-Ja Serv. Corp.
  817 F.2d 908· 1st Cir.· 1987-05-01 ·cited 42×
  The court held that the employer's motions for directed verdict and judgment n.o.v. were properly denied, and that the water boat owner was not entitled to limit its liability due to privity and knowledge of the unseaworthy condition. Joint and several liability applies under mar
• Merchant v. Ruhle
  740 F.2d 86· 1st Cir.· 1984-08-01 ·cited 42×
  Inconsistent jury verdicts in civil cases do not automatically mandate a new trial, especially when the jury's confusion is understandable and the defendant failed to object to the jury instructions or the verdict.
• U.S. Home Corp. v. Suncoast Utils., Inc.
  454 So. 2d 601· Fla. 2d DCA· 1984-06-29 ·cited 42×
  U.S. Home Corporation appealed a judgment awarding Suncoast Utilities $171,492 plus prejudgment interest for breach of contract on multiple construction projects. The appellate court affirmed liability but reversed the damages award and remand for recalculation of both damages an
• Indep. Bulk Transp., Inc. v. The Vessel "Morania Abaco
  676 F.2d 23· 2d Cir.· 1982-03-26 ·cited 42×
  Pre-judgment interest may be appropriate to compensate for additional losses beyond the principal damage, but only if such losses are not otherwise compensated.
• Chatlos Sys., Inc. v. Nat'l Cash Register Corp. (NCR Corporation). Appeal of Chatlos Sys., Inc.
  635 F.2d 1081· 3d Cir.· 1980-11-26 ·cited 42×
  A contractual exclusion of consequential damages is enforceable unless unconscionable, even if a limited remedy fails of its essential purpose, and the measure of damages for breach of warranty should consider market value.
• Wojtkowski v. Cade
  725 F.2d 127· 1st Cir.· 1984-01-13 ·cited 41×
  The court held that the district court properly denied prejudgment interest on damages and attorney's fees, and that the awarded attorney's fee was reasonable.
• NYE v. Blyth Eastman Dillon & Co., Inc.
  588 F.2d 1189· 8th Cir.· 1978-12-01 ·cited 41×
  The court affirmed liability findings and most of the damage award, but reversed and remanded for recalculation of damages related to certain transactions due to improper timing.
• Norte & Co. v. Huffines
  416 F.2d 1189· 2d Cir.· 1969-09-16 ·cited 41×
  The court granted petitions for rehearing and remanded for further consideration of prejudgment interest, affirming the judgment in all other respects.
• Lawton Chiles v. United Faculty OF Florida
  615 So. 2d 671· Fla.· 1993-03-11 ·cited 40×
  The Florida Supreme Court held that public employee collective bargaining agreements that have been negotiated, accepted, and funded by the legislature constitute binding contracts that cannot be unilaterally abrogated without a compelling state interest and demonstration of no r
• Inacio v. State Farm Fire & Cas. Co.
  550 So. 2d 92· Fla. 1st DCA· 1989-09-26 ·cited 40×
  Inacio, an insured who settled a claim against State Farm for uninsured motorist benefits, appeals an award of attorney's fees, challenging the trial court's exclusion of post-settlement fee litigation hours, failure to apply a contingency factor, and denial of prejudgment intere
• Hansard v. Pepsi-Cola Metro. Bottling Co., Inc.
  865 F.2d 1461· 5th Cir.· 1989-02-21 ·cited 40×
  The court held that the jury's award of back pay for the period the employee attempted to establish his own business was permissible, and that front pay is a proper remedy for wrongful discharge.
• Vance v. Am. Haw. Cruises, Inc.
  789 F.2d 790· 9th Cir.· 1986-05-13 ·cited 40×
  The court affirmed the damage award but reversed the denial of prejudgment interest, remanding for a determination of whether special circumstances justified the denial.
• Ginnie G. Davis v. Veslan Enters.
  765 F.2d 494· 5th Cir.· 1985-07-15 ·cited 40×
  The court affirmed the district court's imposition of sanctions under Fed.R.Civ.P. 11, finding that the attempted removal of the state court proceeding was filed in bad faith and for an improper purpose. The court also found the amount of sanctions, including lost interest, to be
• Pac. Indem. Co. v. Linn
  766 F.2d 754· 3d Cir.· 1985-06-27 ·cited 40×
  The court held that the insurers had a duty to defend Dr. Linn based on the allegations in the underlying complaints and that the duty to indemnify followed the duty to defend in settled cases due to the impossibility of determining liability theories.
• Dabney v. Montgomery Ward & Co.
  761 F.2d 494· 8th Cir.· 1985-05-09 ·cited 40×
  The court held that the district court did not abuse its discretion in denying Montgomery Ward's requests for destructive testing, a jury transcript, and remittitur, and correctly interpreted Iowa law regarding comparative fault and prejudgment interest.
• City OF Chicago v. United States Dep't OF Labor
  753 F.2d 606· 7th Cir.· 1985-01-25 ·cited 40×
  The court held that the Administrative Law Judge did not exceed his authority in awarding prejudgment interest on a backpay award under CETA, as such interest is an inherent component of the 'make whole' remedy.
• Shu-Tao LIN v. McDONNELL Douglas Corp. & Am. Airlines, Inc.
  742 F.2d 45· 2d Cir.· 1984-07-30 ·cited 40×
  The court held that using remittitur to recalculate damages from scratch deprives defendants of their right to a jury trial, and thus a new trial is required for pecuniary loss.
• The Weitz Co., Inc. v. Mo-Kan Carpet, Inc.
  723 F.2d 1382· 8th Cir.· 1983-12-29 ·cited 40×
  The court held that the federal statute prescribing a federal rate of interest for post-judgment interest applies in diversity actions.
• Rose v. The Nat'l Cash Register Corp.
  703 F.2d 225· 6th Cir.· 1983-03-31 ·cited 40×
  The court held that the Age Discrimination in Employment Act (ADEA) does not incorporate the good faith defense provision of the Portal-to-Portal Act for liquidated damages, and that prejudgment interest cannot be awarded alongside liquidated damages.
• Eloy S. Pluyer v. Mitsui O. S. K. Lines, Ltd.
  664 F.2d 1243· 5th Cir.· 1982-01-04 ·cited 40×
  The court held that the vessel was liable for furnishing an unsafe ladder, and that the open and obvious nature of the danger did not bar recovery because the use of the ladder was unavoidable. The court also affirmed the denial of prejudgment interest.
• McLEAN v. Alexander
  599 F.2d 1190· 3d Cir.· 1979-05-18 ·cited 40×
  The court held that the plaintiff failed to prove that the accounting firm acted with scienter, which is a necessary element for a claim under Section 10(b) and Rule 10b-5.
• Chris-Craft Indus., Inc. v. Piper Aircraft Corp.
  516 F.2d 172· 2d Cir.· 1975-04-11 ·cited 40×
  The court held that the district court erred in its calculation of damages by misinterpreting 'appraisal value' and using an 'anonymous 100-share block' for valuation. The correct measure requires comparing the actual prices paid for stock before control acquisition with the mark
• Ganz v. HZJ, Inc.
  605 So. 2d 871· Fla.· 1992-10-08 ·cited 39×
  The Florida Supreme Court held that a party seeking attorney's fees under section 57.105 for frivolous litigation need not specifically plead entitlement to such fees in its answer, creating an exception to the pleading requirement established in Stockman v. Downs. The Court reas
• Sterling v. Velsicol Chem. Corp.
  855 F.2d 1188· 6th Cir.· 1988-08-29 ·cited 39×
  The court held that the district court's damage awards must be recalculated to exclude injuries not proven to a reasonable medical certainty.
• Yates v. Avco Corp.
  819 F.2d 630· 6th Cir.· 1987-05-21 ·cited 39×
• Berndt v. Kaiser Aluminum & Chem. Sales Inc.
  789 F.2d 253· 3d Cir.· 1986-05-06 ·cited 39×
  The court held that the district court correctly denied post-trial motions regarding the ADEA claim and correctly granted summary judgment on the contract claim, affirming the judgment in all respects.
• Jenkins v. Whittaker Corp.
  785 F.2d 720· 9th Cir.· 1986-03-24 ·cited 39×
  The court held that the district court properly asserted personal jurisdiction, correctly applied Hawaii law, and did not abuse its discretion in its evidentiary or jury instruction rulings regarding res ipsa loquitur and strict liability. However, the court reversed the denial o
• Elias v. Ford Motor Co.
  734 F.2d 463· 1st Cir.· 1984-05-15 ·cited 39×
  The court held that the district court lacked the power to amend its judgment after it was affirmed on appeal, and that the plaintiff's motions to amend were untimely under the Federal Rules of Civil Procedure.
• Inland OIL & Transp. Co. v. Ark-White Towing Co.
  696 F.2d 321· 5th Cir.· 1983-01-24 ·cited 39×
  The court held that the apportionment of fault was not clearly erroneous, the award for loss of use was partially supported by evidence, and the denial of prejudgment interest was within the trial court's discretion.
• Berek v. Metro. Dade Cnty.
  396 So. 2d 756· Fla. 3d DCA· 1981-03-24 ·cited 39×
  In this case, the Florida Third District Court of Appeal affirmed the trial court's denial of a plaintiff's motion for costs and post-judgment interest on a tort judgment against Metropolitan Dade County. The court held that Section 768.28(5), Florida's waiver of sovereign immuni
• Carlton v. H. C. Price Co. & Roger Dale Moyers
  640 F.2d 573· 5th Cir.· 1981-03-16 ·cited 39×
  The court held that prejudgment interest on future medical damages is permissible under Alaska law, but reduced the jury's awards for future medical expenses to the maximum amounts supported by the evidence, and remanded for redetermination of attorney's fees.
• Roberta Santini, M.D. v. Cleveland Clinic Fla.
  65 So. 3d 22· Fla. 4th DCA· 2011-05-11 ·cited 38×
  Dr. Santini appeals a trial court order enforcing a charging lien filed by her former attorney Miller, who withdrew representation due to bar suspension before the contingency (successful settlement) occurred. The appellate court reversed, holding that Miller forfeited all compen
• Golden Door Jewelry Creations, Inc. v. Lloyds Underwriters Non-Marine Ass'n
  117 F.3d 1328· 11th Cir.· 1997-07-28 ·cited 38×
  Golden Door Jewelry Creations and Suisse Gold Assayer & Refinery purchased a jeweler's block insurance policy from Lloyds Underwriters covering all jewelry products and entrusted property against all risks, including theft. When Sanford Credini, the president and principal operat
• Fromson v. W. Litho Plate & Supply Co. & Bemis Co., Inc.
  853 F.2d 1568· Fed. Cir.· 1988-08-04 ·cited 38×
  The court affirmed the patent's validity and infringement but vacated the royalty award and remanded for reconsideration of damages, willfulness, attorney fees, and prejudgment interest due to insufficient findings by the district court.
• Martha Molton for the Estate of William Molton v. City OF Cleveland
  839 F.2d 240· 6th Cir.· 1988-02-01 ·cited 38×
  The court held that the City of Cleveland could not be held liable under § 1983 for the decedent's suicide due to a lack of evidence of a municipal policy or custom, but affirmed the jury's verdict on state law claims of wrongful death and assault and battery.
• The Ingersoll Milling Mach. Co. v. M/V Bodena
  829 F.2d 293· 2d Cir.· 1987-09-14 ·cited 38×
  The court held that a carrier cannot unilaterally alter a bill of lading to impose on-deck stowage after the contract of carriage was formed, and that a "clean" bill of lading implies under-deck stowage by custom.
• The Gyromat Corp. v. Champion Spark Plug Co.
  735 F.2d 549· Fed. Cir.· 1984-05-22 ·cited 38×
  The court held that prejudgment interest should ordinarily be awarded on lost profits in patent infringement cases, consistent with the Supreme Court's decision in Devex. The court also held that the decision to award compound versus simple interest on prejudgment awards is withi
• Valle v. Joint Plumbing Indus. Bd. (Local 2
  623 F.2d 196· 2d Cir.· 1980-04-11 ·cited 38×
  The court held that the pension fund trustees' application of the 1966 amendments was arbitrary and capricious as applied to the plaintiffs due to lack of notice and prejudice, entitling them to benefits.
• Occidental Life Ins. Co. of N.C. v. PAT Ryan & Assocs., Inc.
  496 F.2d 1255· 4th Cir.· 1974-05-08 ·cited 38×
  The sale of stock in a corporation, even if it represents a sale of business assets, constitutes a 'security' transaction subject to federal securities laws, and Section 29(b) of the Securities Exchange Act renders contracts voidable, not void, at the option of the innocent party
• Complete Interiors, Inc. v. Behan
  558 So. 2d 48· Fla. 5th DCA· 1990-01-04 ·cited 37×
  Complete Interiors appeals a trial court judgment confirming an arbitration award in favor of homeowners for construction defects. The court reversed the arbitrator's award of punitive damages and attorney's fees, finding the arbitration agreement did not authorize punitive damag
• United States v. Monsanto Co.
  858 F.2d 160· 4th Cir.· 1988-09-07 ·cited 37×
  The court should have required the district court to allocate cleanup costs among defendants, rather than allowing a separate suit for contribution.
• Fla. Steel Corp. v. Adaptable Developments, Inc.
  503 So. 2d 1232· Fla.· 1986-12-24 ·cited 37×
  Florida Steel Corporation sought to recover unpaid materials supplied to a construction project abandoned by the primary contractor. The Florida Supreme Court held that the Alton Towers rule limiting owner liability does not apply when a project is abandoned for an extended perio
• Drake Towing Co., Inc. v. Meisner Marine Constr. Co.
  765 F.2d 1060· 11th Cir.· 1985-07-16 ·cited 37×
  The court held that the Coast Guard's negligence in placing temporary buoys without surveying the water depth is actionable, and that a defendant at trial cannot have its liability reduced by the negligence of a non-party tortfeasor.
• Publishers Res., Inc. v. Walker-Davis Publ'ns, Inc.
  762 F.2d 557· 7th Cir.· 1985-05-22 ·cited 37×
  The court held that a prior remand for a "new trial" on damages does not preclude summary judgment if no material factual disputes exist, and that a party waives arguments not raised in opposition to a summary judgment motion.
• Donovan v. Sovereign Sec., Ltd.
  726 F.2d 55· 2d Cir.· 1984-01-05 ·cited 37×
  The court held that the district court erred in eliminating pre- and post-judgment interest from a back pay award under the FLSA and in denying the Secretary's petition for civil contempt.