Prejudgment Interest

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

• Hung Duc BUI and Richard Lan Bui v. ST. Paul Mercury Ins. Co.
  981 F.2d 209· 5th Cir.· 1993-01-14
  The court affirmed the jury's award of damages, finding no reversible error in the trial court's handling of the offset issue or the denial of prejudgment interest and dismissal of claims against the investigator.
• United States v. Bd. OF Educ. OF THE Consol. High Sch. Dist. 230
  983 F.2d 790· 7th Cir.· 1993-01-07
  The court held that the Board's maternity leave policy did not violate Title VII, but its sick leave bank policy did by excluding pregnancy-related benefits.
• Selman Thomas, Jr. v. Bakery
  982 F.2d 1215· 8th Cir.· 1992-12-31
  The court affirmed the district court's judgment, holding that the plaintiffs were entitled to damages for a three-month period because they could have been legally laid off after a hypothetical negotiation and modification of the collective-bargaining agreement.
• Mendez v. Teachers Ins. & Annuity Ass'n & Coll. Ret. Equities Fund
  982 F.2d 783· 2d Cir.· 1992-12-28
  The court held that the district court properly denied the stakeholder's motion for discharge due to unreasonable delay and bad faith in commencing the interpleader action, and did not abuse its discretion in awarding attorney's fees to the prevailing claimant.
• First Fed. Sav. & Loan Ass'n OF S.C. v. Chrysler Credit Corp.
  981 F.2d 127· 4th Cir.· 1992-11-30
  First Federal, though not a holder in due course, can recover as a holder because CCC failed to establish a defense to payment of the dishonored checks.
• Wilson v. Great Am. Indus., Inc.
  979 F.2d 924· 2d Cir.· 1992-11-17
  The court held that the damages for participating shareholders should be based on the post-merger value of the stock they received, not the pre-merger value.
• Allison v. Ticor Title Ins. Co.
  979 F.2d 1187· 7th Cir.· 1992-11-12
  The court held that Ticor breached its duty to defend its insureds and is estopped from asserting policy exclusions, and that title insurers are not exempt from prejudgment interest statutes.
• Georgia-Pacific Corp. v. Allianz Ins. Co.
  977 F.2d 459· 8th Cir.· 1992-10-19
  The court held that an insurer must pay the costs associated with repairing damaged property, including expedited repair costs and estimated business interruption losses, even if the insured chooses a more expensive replacement option or the loss is not yet fully incurred, as lon
• United States ex rel. Bartec Indus., Inc. v. United Pac. Co.
  976 F.2d 1274· 9th Cir.· 1992-10-06
  The court held that a contract for fabricated steel is a sale of goods under the UCC, and damages should be calculated using the cost of 'cover' for lost items. It also held that the surety was not entitled to a set-off for defective materials due to lack of privity.
• Coliseum Cartage Co. v. Rubbermaid Statesville
  975 F.2d 1022· 4th Cir.· 1992-09-16
  The dissent argues that the reconveyance of accounts receivable does not allow the debtor-in-possession to use § 108(a) to extend the time period for recovering freight undercharges, as the claims were extinguished by the statute of limitations.
• S. Cent. Petroleum, Inc. v. Long Bros. OIL Co.
  974 F.2d 1015· 8th Cir.· 1992-09-10
  The court held that the agreement remained in effect when the plaintiff purchased the oil well interest, and that the plaintiff's waiver argument failed for lack of proof. The court also affirmed the admission of expert testimony regarding the offset calculation.
• Mead v. Mead
  974 F.2d 990· 8th Cir.· 1992-09-09
  A debtor may avoid the fixing of a judicial lien under § 522(f) only if the debtor possessed the property interest before the lien attached; however, a lien reinstated due to fraud is treated as the original lien for avoidance purposes, but any enhancement to the lien amount beyo
• Hondo OIL & GAS Co. v. Tex. Crude Operator, Inc.
  970 F.2d 1433· 5th Cir.· 1992-09-03
  The court held that the operating agreements were modified by the parties' conduct, and that Texas Crude's withholding of Hondo's payments was a breach, but the statute of limitations did not bar Texas Crude's full recovery from ARCO.
• O-So Detroit, Inc. v. Home Ins. Co.
  973 F.2d 498· 6th Cir.· 1992-08-26
  The court held that an erroneous jury instruction on the elements of an arson defense was not harmless error and required reversal.
• Equal Emp. Opportunity Comm'n v. Delight Wholesale Co.
  973 F.2d 664· 8th Cir.· 1992-08-25
  The court held that claims of constructive discharge and wage discrimination were properly before the court, and that the district court did not err in finding sex discrimination, calculating back pay, or denying prejudgment interest.
• In re Marshall v. Sec. State Bank OF Hamilton
  970 F.2d 383· 7th Cir.· 1992-08-07
  Prejudgment interest is not available on statutory damages awarded under the Truth in Lending Act when the plaintiffs have suffered no actual damages.
• Bailey v. Daniel
  967 F.2d 178· 5th Cir.· 1992-08-04
  The court held that the trial court did not err in denying damages for mental anguish and grief based on subjective complaints, but did err in calculating costs.
• Inapro, Inc. v. Hofrichter
  602 So. 2d 988· Fla. 3d DCA· 1992-08-04
  The court affirmed judgment for the receiver in the amount of $78,414.97 but reversed the trial court's modification of the jury's determination regarding the payment due date, remanding to reinstate the jury's date for purposes of calculating prejudgment interest.
• Venus Labs., Inc. v. Katz
  601 So. 2d 630· Fla. 3d DCA· 1992-06-30
  Venus Laboratories appealed a breach of contract judgment in a dispute with Fred and Adele Katz over the sale of Katz's chemical business. The court affirmed portions of the trial court's decision but reversed and remanded regarding Katz's entitlement to full compensation through
• Williamson v. Piper Aircraft Corp. & Teledyne Cont'l Motors Aircraft Prods. Div.
  968 F.2d 380· 3d Cir.· 1992-06-29
  The appellate court affirmed the district court's denial of Parker Hannifin Corporation's post-trial motions for judgment n.o.v. or a new trial, and its denial of Teledyne Continental Motors Aircraft Products' motion for prejudgment interest. The court found that Parker, as a com
• Suzan Rohrbaugh v. Owens-Corning Fiberglas Corp.
  965 F.2d 844· 10th Cir.· 1992-05-26
  The court held that the jury instructions erroneously imposed a duty on the defendants to warn the decedent of asbestos dangers, as she was neither an ordinary consumer nor user, and the defendants did not know or should have known of the dangers prior to 1969.
• United States Fire Ins. Co. v. Allied Towing Corp.
  966 F.2d 820· 4th Cir.· 1992-05-21
  The court held that the district court's apportionment of liability was not clearly erroneous, but that its damages award lacked sufficient explanation and its denial of prejudgment interest was an abuse of discretion.
• Sec. Mgmt. Corp. v. Kessler
  599 So. 2d 1033· Fla. 3d DCA· 1992-05-12
  This case involves an appeal by clients (Security Management Corp. and the Posner trust) against a judgment for attorneys' fees. The clients disputed an oral contingent fee contract, arguing it was unconscionable, while the attorneys sought compensation based on that agreement. T
• Erie Ins. Exch. v. Stark
  962 F.2d 349· 4th Cir.· 1992-05-01
  The court held that genuine issues of material fact existed regarding the insured's intent and mental state, precluding summary judgment on policy coverage for fire damage.
• Int'l Trade Assistance Corp. v. Forms Mfg. Equip., Inc.
  596 So. 2d 1288· Fla. 1st DCA· 1992-04-29
  In this admiralty case, the Florida District Court of Appeal affirmed a jury verdict awarding damages to Forms Manufacturing Equipment, Inc. against International Trade Assistance Corporation, but reversed the trial court's denial of prejudgment interest and remanded for reconsid
• Pelican Marine Carriers, Inc. v. City of Tampa
  1992 WL 86418· M.D. Fla.· 1992-04-14
  The court held that the Louisiana was partially at fault due to excessive speed, and the City of Tampa was also at fault for creating and failing to mark a submerged obstruction in violation of federal law, while Misener Marine Construction was not liable.
• Bodine v. Fed. Kemper Life Assurance Co.
  138 B.R. 88· M.D. Fla.· 1992-04-02
  The court held that the attorney's charging lien should be calculated on a quantum meruit basis, and prejudgment interest should accrue from the date of the attorney's discharge, not the initial trial judgment.
• Dykema Gossett v. Armbruster
  595 So. 2d 589· Fla. 4th DCA· 1992-04-01
• Hurwitz v. Frank
  598 So. 2d 99· Fla. 4th DCA· 1992-03-25
  Appellants, assignees of a mortgage, appealed a trial court judgment finding them entitled to damages of $7,456 for negligence by title company defendants but denying prejudgment interest. The court reversed in part and remanded solely to award prejudgment interest, while affirmi
• Jeary K. Smith v. Navistar Int'l Transp. Corp.
  957 F.2d 1439· 7th Cir.· 1992-03-20
  A limited warranty's failure to serve its essential purpose does not automatically invalidate a distinct exclusion of consequential damages, especially when parties have relatively equal bargaining power and the exclusion is not unconscionable.
• Knowlton v. Greenwood Indep. Sch. Dist.
  957 F.2d 1172· 5th Cir.· 1992-03-20
  The court held that the cafeteria workers' speech was not of public concern, reversing the First Amendment claim. It affirmed the FLSA and Whistle Blower Act liability but remanded for a new damages trial on the latter.
• Gen. Storage Corp. v. Fed. Deposit Ins. Corp.
  594 So. 2d 875· Fla. 3d DCA· 1992-03-17
  General Storage Corporation appealed a summary judgment in mortgage foreclosure, challenging findings of default on two promissory notes secured by an irrevocable letter of credit. The court affirmed the foreclosure but reversed the prejudgment interest rate, increasing it from 1
• In re J.T.R. Corp. v. The Harford Mut. Ins. Co.
  958 F.2d 602· 4th Cir.· 1992-03-05
  The court held that arson committed by a debtor-in-possession after filing a bankruptcy petition does not bar recovery of insurance proceeds by the estate, and that prejudgment interest is not warranted when the amount due is genuinely disputed and unliquidated.
• Johnson Grp., Inc. v. Beecham, Inc.
  952 F.2d 1005· 8th Cir.· 1991-12-26
  The court affirmed the jury's award of damages for real estate broker fees, finding substantial evidence supported the jury's factual findings on procuring cause and quantum meruit.
• Zucker v. Sears Roebuck & Co.
  589 So. 2d 454· Fla. 5th DCA· 1991-11-21
  Zucker, as trustee of a dissolved corporation, appealed a worthless check judgment in favor of Sears. The court affirmed the award of treble damages under Florida law but reversed the award of prejudgment interest calculated on the treble damages themselves, holding that prejudgm
• James A. Cummings, Inc. v. Young
  589 So. 2d 950· Fla. 3d DCA· 1991-10-29
  In this mechanics lien foreclosure case, the appellate court affirmed in part, reversed in part, and remanded in part, addressing disputes between a general contractor and subcontractor over allegedly incomplete work. The court held that while an architect's binding interpretatio
• Fuchs v. Lifetime Doors, Inc.
  939 F.2d 1275· 5th Cir.· 1991-08-30
• Interstate Markings, Inc. v. Mingus Constructors, Inc.
  941 F.2d 1010· 9th Cir.· 1991-08-16
  The court held that the jury's first verdict, when read in conjunction with the jury instructions, sufficiently found Interstate liable for breach of contract, making the subsequent recall of the jury and second verdict unnecessary. The court also affirmed the denial of contract
• Cooney v. Ritter
  939 F.2d 81· 3d Cir.· 1991-07-26
  The court held that the sale of corporate stock, even with real estate assets, is not barred by the New Jersey Real Estate Brokers' Act.
• Irwin Loft and Robert Stein v. Lapidus
  936 F.2d 633· 1st Cir.· 1991-06-26
  The court held that the parties formed a partnership and that the investors were entitled to a share of the settlement proceeds from a lawsuit concerning partnership property.
• Martin v. H.M.S. Direct Mail Serv., Inc.
  936 F.2d 108· 2d Cir.· 1991-06-19
  The court held that the Secretary presented sufficient evidence of back pay and that pre-judgment interest is appropriate under OSHA.
• Adidas Distrib. Cent., Inc. v. Sporting Goods Mgmt. Inc.
  583 So. 2d 696· Fla. 5th DCA· 1991-06-06
  The court held that payments made by an attorney for the debtor, without designation, should be applied to the oldest portion of the debt, not the portion personally guaranteed.
• M.L. Montgomery, Inc. v. Ian and Janet Grassam
  580 So. 2d 659· Fla. 4th DCA· 1991-06-05
  A homeowner successfully sued a builder for breach of contract, negligence, and building code violations related to a failed house renovation project. The appellate court affirmed the judgment but modified the damages award by removing certain financing costs and remanding for pr
• Happy Chef Sys., Inc. v. John Hancock Mut. Life Ins. Co.
  933 F.2d 1433· 8th Cir.· 1991-05-22
  The court held that appellants were entitled to prejudgment interest from the date they filed their motion for supplemental relief, not from the date of the initial declaratory judgment, and that postjudgment interest should begin from the date of the damages judgment. The court
• Fla. Steel Corp. v. Stober (In Re Indus. Supply Corp.)
  127 B.R. 62· M.D. Fla.· 1991-05-14
  The court affirmed the bankruptcy court's judgment, finding that the payments were not made in the ordinary course of business due to extraordinary collection efforts and that the award of pre-judgment interest was not an abuse of discretion.
• Nat'l Risk Underwriters, Inc. v. Occidental Fire & Cas. Co. OF N.C.
  931 F.2d 1015· 4th Cir.· 1991-04-29
  The court held that offsetting mutual arbitration awards is permissible as a common-law right of offset and does not constitute an impermissible modification of the award, and that denying attorneys' fees for challenging an award based on alleged arbitrator misconduct was not an
• PLM Inv. Mgmt., Inc. v. Dakota S. Ry. Co.
  930 F.2d 1333· 8th Cir.· 1991-04-17
  The court held that prejudgment interest was properly awarded to PLM because its damages were ascertainable before verdict, and that Dakota Southern waived its right to proper termination notice as a matter of law.
• Preve v. Albert
  578 So. 2d 33· Fla. 4th DCA· 1991-04-17
  Frank and Esperanza Preve appealed a judgment for breach of a home purchase contract entered against both of them. The court reversed the judgment against Esperanza Preve, finding her not bound by the contract, but affirmed the judgment against Frank Preve for the sellers' loss o
• Vanguard Ins. Co. v. ST. Johns Cnty.
  578 So. 2d 1132· Fla. 5th DCA· 1991-04-04
  Vanguard Insurance Company appeals a summary judgment awarding St. Johns County reimbursement for amounts paid to settle a Section 1983 civil rights lawsuit against its sheriff. The court holds that the county may pursue equitable subrogation against the insurer for the damage aw
• In re the Complaint of The Conn. Nat'l Bank v. OMI Corp. & Caleb Brett U.S.A., Inc.
  928 F.2d 39· 2d Cir.· 1991-03-06
  The court held that while awarding prejudgment interest on the entire discounted sum of lost future wages is proper, the rate must be carefully selected to reflect actual inflation and potential investment returns, not arbitrarily set high.