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

• Boehringer-Mannheim Diagnostics, Inc. v. PAN Am. World Airways, Inc.
  737 F.2d 456· 5th Cir.· 1984-07-18 ·cited 27×
  The Warsaw Convention creates the exclusive cause of action for international air carriers, preempting state law, and its liability limits are enforceable.
• Brook Vill. N. Assocs. v. Gen. Elec. Co.
  686 F.2d 66· 1st Cir.· 1982-08-20 ·cited 27×
  A district court cannot disregard admissions deemed made under Rule 36 due to untimely responses simply because the court finds other evidence more credible, especially after trial has commenced, unless doing so would prevent manifest injustice.
• Jockey Club, Inc. v. Bleemer
  413 So. 2d 433· Fla. 3d DCA· 1982-05-04 ·cited 27×
  The court held that the jury's verdict on the value of architectural services was supported by competent evidence, but the trial court erred in denying prejudgment interest on the architect's claim.
• Ashland OIL, Inc. v. Phillips Petroleum Co.
  607 F.2d 335· 10th Cir.· 1979-10-15 ·cited 27×
  The court held that the trial court's valuation of helium at the wellhead using the work-back method, starting with the contract price, was supported by the record. However, the court reversed the denial of prejudgment interest.
• NAT G. Harrison Overseas Corp. v. Am. TUG Titan
  516 F.2d 89· 5th Cir.· 1975-07-21 ·cited 27×
  The court held that the district court erred in calculating lost earnings damages by failing to deduct expenses saved by the non-performance of the contract, and remanded for recalculation. It also reallocated portions of the demurrage award and salvage damages.
• Provident Mgmt. Corp. v. City OF Treasure Island
  796 So. 2d 481· Fla.· 2001-05-24 ·cited 26×
  The Florida Supreme Court held that sovereign immunity limitations under section 768.28 do not apply to damages awards resulting from wrongfully issued preliminary injunctions obtained by governmental entities. When a court dispenses with the bond requirement for a governmental e
• In re Continental Illinois Securities Litigation: Fred L. Steinlauf v. Cont'l Ill. Corp.
  962 F.2d 566· 7th Cir.· 1992-04-22 ·cited 26×
  The court held that the district court erred in substantially reducing the attorneys' fees requested by class counsel by improperly applying hourly rate ceilings, disallowing market rates for paralegals and computerized research, failing to award a risk multiplier, and making arb
• Mar. Elec. Co., Inc. v. United Jersey Bank
  959 F.2d 1194· 3d Cir.· 1991-12-02 ·cited 26×
  The New Jersey district court retained subject matter jurisdiction over claims related to a bankruptcy case filed in another district, and its proceedings were not automatically voided by the bankruptcy filing.
• Loudermill v. The DOW Chem. Co.
  863 F.2d 566· 8th Cir.· 1988-12-09 ·cited 26×
  The court held that the magistrate did not abuse discretion in admitting expert testimony, denying directed verdicts, or granting summary judgment on the indemnification claim, and that prejudgment interest was correctly denied.
• Salas v. Sun-Mei Wang, M.D.
  846 F.2d 897· 3d Cir.· 1988-05-16 ·cited 26×
  The court held that the Federal Rules of Evidence apply to the admissibility of aggregate damages testimony in diversity cases, and that such testimony is permissible under those rules. It also held that one nurse's negligence could be inferred, but another's could not.
• Goldman v. Fadell
  844 F.2d 1297· 7th Cir.· 1988-04-04 ·cited 26×
  The court held that a broker's commission was not earned because the superseding sales contract required closing of escrow, which never occurred due to failure to satisfy a condition precedent, and that the counterclaim for breach of fiduciary duty was unsupported by evidence of
• SUN Ship, Inc. v. Matson Navigation Co.
  785 F.2d 59· 3d Cir.· 1986-03-04 ·cited 26×
  The court held that the arbitrators did not exceed their authority in awarding interest, but the district court erred in denying post-award interest and attorneys' fees, requiring remand.
• Trend Coin Co. v. Honeywell, Inc.
  487 So. 2d 1029· Fla.· 1986-02-27 ·cited 26×
  The Florida Supreme Court held that a plaintiff is entitled to prejudgment interest at the statutory rate from the date of loss on verdicts that liquidate damages, and clarified that when the statutory interest rate changes between the time of loss and judgment, interest should b
• Crown Cent. Petroleum Corp. v. Nat'l Union Fire Ins. Co. OF Pittsburgh
  768 F.2d 632· 5th Cir.· 1985-08-15 ·cited 26×
  The court held that the new prejudgment interest rule announced in Cavnar v. Quality Control Parking applies to all cases, including contract disputes, and that the accrual date for prejudgment interest is governed by the insurance contract's terms.
• The Lackawanna Leather Co. v. Martin & Stewart, Ltd.
  730 F.2d 1197· 8th Cir.· 1984-03-30 ·cited 26×
  The court held that the jury's verdict was supported by sufficient evidence and that the trial court's jury instructions were adequate, affirming the judgment.
• Merit Ins. Co. v. Leatherby Ins. Co.
  728 F.2d 943· 7th Cir.· 1984-02-28 ·cited 26×
  The court held that a motion to correct pre-judgment interest under Rule 60(b)(1) was untimely due to lack of diligence, but post-judgment interest should be awarded at the rate of 9 percent per annum under Illinois law.
• Equal Emp. Opportunity Comm'n v. Wooster Brush Co. Emps. Relief Ass'n (81-3638)
  727 F.2d 566· 6th Cir.· 1984-02-08 ·cited 26×
  An employer cannot avoid Title VII liability for sex discrimination by contributing to a disability benefits plan that excludes pregnancy benefits, even if the plan is administered by an independent association. The employer is responsible for ensuring that pregnancy benefits are
• Edinburgh Assurance Co. v. R. L. Burns Corp. & Am. Pac. Int'l, Inc.
  669 F.2d 1259· 9th Cir.· 1982-01-22 ·cited 26×
  The court affirmed the district court's determination that the Gatto was an actual total loss under the British Marine Insurance Act of 1906.
• United States For the Use of Ga. Elec. Supply Co., Inc. v. United States Fid. & Guar. Co.
  656 F.2d 993· 5th Cir.· 1981-09-21 ·cited 26×
  The court held that the supplier's late shipments of materials, including essential ballasts, qualified as part of the original contract, thus extending the Miller Act notice period. However, attorneys' fees were improperly awarded absent a showing of bad faith by the surety.
• In re the Complaint of Bankers Tr. Co. v. Bethlehem Steel Corp.
  658 F.2d 103· 3d Cir.· 1981-08-13 ·cited 26×
  The court held that the market value of the ship was correctly determined, Villaneuva was not entitled to prejudgment interest due to bad faith estimates, but BP/Sohio was entitled to prejudgment interest. The postjudgment interest award was remanded for reconsideration.
• United States v. Cal. State Bd. OF Equalization
  650 F.2d 1127· 9th Cir.· 1981-07-13 ·cited 26×
  The court held that the California sales tax is unconstitutional as applied to leases of tangible personal property to the United States because the legal incidence of the tax falls on the United States.
• Ellis v. Chevron U. S. A. Inc.
  650 F.2d 94· 5th Cir.· 1981-07-08 ·cited 26×
  The court held that there was substantial evidence to support the jury's finding of negligence against Chevron, and that Chevron could be held liable for its own negligence in creating an unsafe condition, even when an independent contractor was involved. The court also affirmed
• Vasina v. Grumman Corp. & Grumman Aerospace Corp.
  644 F.2d 112· 2d Cir.· 1981-03-17 ·cited 26×
  The dissenting judge holds that the trial court's jury instructions were insufficient to present the defense of intervening cause, requiring a new trial.
• Hadra v. Herman Blum Consulting Eng'rs
  632 F.2d 1242· 5th Cir.· 1980-12-17 ·cited 26×
  The court affirmed the lower court's decision, holding that the district court did not abuse its discretion in granting a new trial limited to damages and that the jury instructions on mitigation were proper under Texas law.
• Mecom v. Levingston Shipbuilding Co.
  622 F.2d 1209· 5th Cir.· 1980-08-04 ·cited 26×
  The court held that a non-negligent owner who abandons a sunken vessel is not liable for removal costs, and that a plaintiff's salvage expenses are recoverable if the conduct falls within the 'range of reason,' not necessarily the most prudent course.
• Sanabria v. Int'l Longshoremen's Ass'n Local 1575 & Guillermo Ortiz
  597 F.2d 312· 1st Cir.· 1979-05-04 ·cited 26×
  The court affirmed the jury's award of damages but vacated the award of attorney's fees and prejudgment interest.
• Newcombe v. S. Fla. Bus. Negotiators, Inc.
  340 So. 2d 1192· Fla. 2d DCA· 1976-12-08 ·cited 26×
  A Florida appellate court affirmed a jury verdict of $34,500 in a breach of contract action brought by a business broker, but reversed the trial judge's post-verdict awards of prejudgment interest and attorney's fees, holding that such damages must be determined by the jury in ju
• Westinghouse Elec. Corp. v. CX Processing Labs., Inc.
  523 F.2d 668· 9th Cir.· 1975-08-28 ·cited 26×
  The court held that CX failed to present sufficient evidence for its antitrust claims and that the trial court did not err in admitting parol evidence or in its jury instructions and rulings on freight charges and interest.
• Petition of The City OF NEW York
  332 F.2d 1006· 2d Cir.· 1964-06-10 ·cited 26×
  The court held that prejudgment interest is permissible in admiralty personal injury claims and affirmed the award of costs, but found the Special Commissioner's fee excessive.
• NEW Amsterdam Cas. Co. v. Waller
  323 F.2d 20· 4th Cir.· 1963-09-16 ·cited 26×
• Brevard Cnty. Fair Ass'n, Inc. v. Cocoa Expo, Inc.
  832 So. 2d 147· Fla. 5th DCA· 2002-11-01 ·cited 25×
  Brevard County Fair Association appeals from a final judgment in a breach of lease dispute with Cocoa Expo, Inc., challenging the trial court's findings regarding lease interpretation, attorney's fees, and damages. The court affirmed, holding that both parties achieved partial su
• Catalfumo v. Catalfumo
  704 So. 2d 1095· Fla. 4th DCA· 1997-12-31 ·cited 25×
  In this consolidated family law appeal, the Fourth District Court of Appeal affirmed the trial court's use of the petition filing date (1987) as the valuation date for equitable distribution in a marriage dissolution, but reversed and remanded to award the wife prejudgment intere
• Remington v. Remington
  705 So. 2d 920· Fla. 4th DCA· 1997-12-24 ·cited 25×
  In a post-dissolution contempt proceeding, the former wife appealed a trial court order addressing child support arrearages and insurance premium reimbursement. The court reversed and remanded on the issue of calculating prejudgment interest on child support arrearages, while aff
• O'Neil v. Picillo
  883 F.2d 176· 1st Cir.· 1989-08-21 ·cited 25×
  The court held that the appellants failed to meet their burden of proving the divisibility of harm, thus upholding their joint and several liability for past and future cleanup costs under CERCLA.
• Smith v. Austin Dev. Co.
  538 So. 2d 128· Fla. 2d DCA· 1989-02-10 ·cited 25×
  The court held that the lessor was entitled to prejudgment interest and that the lessee's claim for restoration damages was not supported by sufficient evidence.
• Citronelle-Mobile Gathering, Inc. v. Herrington
  826 F.2d 16· Temp. Emer. Ct. App.· 1987-05-07 ·cited 25×
  The court held that Bart Chamberlain is personally liable for the entire amount of restitution ordered, not just the proceeds he personally received, and that the sales were not exempt export sales. The court also addressed issues regarding tax subtractions and prejudgment intere
• Kilpatrick Marine Piling v. Fireman's Fund Ins. Co.
  795 F.2d 940· 11th Cir.· 1986-08-04 ·cited 25×
  The court held that the jury's finding of no material misrepresentation was supported by sufficient evidence, and that the unexplained sinking of a seaworthy vessel constitutes a peril of the sea. However, the court reversed the award of statutory bad faith penalties and attorney
• Reeled Tubing, Inc. v. M/V Chad G
  794 F.2d 1026· 5th Cir.· 1986-07-21 ·cited 25×
  The court held that the trial court abused its discretion by denying prejudgment interest from the date of loss, but its method of calculating the interest rate was within its discretion.
• Templeman v. Chris Craft Corp.
  770 F.2d 245· 1st Cir.· 1985-08-16 ·cited 25×
  The court held that plaintiffs waived their right to appeal the denial of prejudgment interest by failing to object to the magistrate's report and that deposition costs and docket fees should have been taxed to the defendant.
• Morris N. Am., Inc. v. King
  430 So. 2d 592· Fla. 4th DCA· 1983-05-04 ·cited 25×
  Morris North American appeals the trial court's decision to amend a final judgment after the defendant had satisfied it. The court held that a valid satisfaction of judgment bars any subsequent effort to alter or amend the final judgment unless the satisfaction itself is vacated
• Ceja v. Mike Hooks, Inc.
  690 F.2d 1191· 5th Cir.· 1982-11-08 ·cited 25×
  The court held that a seaman's failure to seek or obtain a longer tow line was not contributory negligence, but failure to heed warnings to move from a dangerous position could be. The court also reversed the denial of prejudgment interest and the deduction of maintenance from lo
• Elkind v. Liggett & Myers, Inc.
  635 F.2d 156· 2d Cir.· 1980-12-04 ·cited 25×
  The court held that Liggett did not violate securities laws by failing to correct analysts' projections or by making vague statements, but reversed liability for a July 10 tip due to lack of materiality and scienter, while remanding for damages on a July 17 tip.
• Grace Line, Inc. v. Todd Shipyards Corp.
  500 F.2d 361· 9th Cir.· 1974-05-20 ·cited 25×
  The court held that while a Himalaya clause can extend COGSA's $500 liability limitation to a contractor like Todd, it does not extend the complete immunity for negligent navigation and management to Todd, as such extensions must be strictly construed and clearly expressed.
• Fluor Corp., Ltd. v. United States ex rel. Mosher Steel Co.
  405 F.2d 823· 9th Cir.· 1969-01-06 ·cited 25×
  The court held that Union and IMI-Ward had direct contractual obligations to pay Mosher, and that Mosher's claim was not barred by the Statute of Frauds or estoppel. The court reversed the denial of prejudgment interest.
• Island Travel & Tours Ltd. Co. v. MYR Indep., Inc.
  300 So. 3d 1236· Fla. 3d DCA· 2020-03-25 ·cited 24×
  This case involves a dispute over the distribution of funds from a short-lived joint venture between Island Travel & Tours and MYR Independent. The appellate court affirmed the breach of contract and civil theft judgments but reversed the fraud and negligent misrepresentation cla
• Tower Hill Select Ins. Co. v. McKEE
  151 So. 3d 2· Fla. 2d DCA· 2014-08-20 ·cited 24×
  Tower Hill Select Insurance Company appealed a summary judgment awarding sinkhole damage coverage to homeowner Andrew McKee. The appellate court affirmed the judgment on the merits of the coverage dispute but reversed the trial court's order requiring Tower Hill to pay for subsur
• Dep't OF Agric. & Consumer Servs. v. Bogorff
  35 So. 3d 84· Fla. 4th DCA· 2010-05-12 ·cited 24×
  The Florida Department of Agriculture and Consumer Services appealed a judgment awarding over 50,000 citrus tree owners $8 million in just compensation for healthy trees destroyed under its citrus canker eradication program. The court affirmed, holding that the government's destr
• Citizens Prop. Ins. Corp. v. Mallett
  7 So. 3d 552· Fla. 1st DCA· 2009-02-27 ·cited 24×
  Citizens Property Insurance Corporation appeals a summary judgment awarding homeowners the full policy limits for hurricane damage, arguing the Valued Policy Law does not require payment for total losses partially caused by excluded perils. The court reverses the main judgment ba
• Sostchin v. Doll Enters., Inc.
  847 So. 2d 1123· Fla. 3d DCA· 2003-06-25 ·cited 24×
  A landlord appealed a jury verdict finding him negligent in causing a fire that destroyed a commercial building where a tenant (King Shoes) operated. While the appellate court affirmed liability, it reversed the $1.18 million lost profits award as improperly calculated using gros
• Emerald Coast Commc'ns, Inc. v. Carter
  780 So. 2d 968· Fla. 1st DCA· 2001-03-05 ·cited 24×
  The court's holding is not explicitly stated as this is a concurring opinion discussing broader concerns.