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

• Gus Boulis v. Fla. Dep't OF Transp.
  733 So. 2d 959· Fla.· 1999-04-01 ·cited 24×
  The Florida Supreme Court held that property owners in eminent domain proceedings are entitled to prejudgment interest on reasonable costs (such as expert witness and appraisal fees) incurred in defending against the taking, provided those costs were actually paid before judgment
• Cent. Constructors, Inc. v. The Spectrum Contracting Co.
  621 So. 2d 526· Fla. 4th DCA· 1993-07-07 ·cited 24×
  The Fourth District reversed a trial court's award of postjudgment interest on prejudgment interest, holding that compound interest is impermissible under Florida law.
• Quaker State OIL Ref. Corp. v. Garrity OIL Co., Inc.
  884 F.2d 1510· 1st Cir.· 1989-09-14 ·cited 24×
  The court held that summary judgment was appropriate for the plaintiff on most claims and counterclaims, and that the district court did not err in applying Massachusetts prejudgment interest law or denying leave to amend.
• Linn v. Andover Newton Theological Sch., Inc.
  874 F.2d 1· 1st Cir.· 1989-04-27 ·cited 24×
  The court held that prejudgment interest should not have been awarded on top of liquidated damages under the ADEA, and that front pay should be calculated only through the plaintiff's seventieth birthday due to insufficient evidence of continued employment.
• Ackerman v. W. Elec. Co., Inc.
  860 F.2d 1514· 9th Cir.· 1988-11-08 ·cited 24×
  The court held that a state law handicap discrimination claim is not preempted by federal labor law if it can be resolved without interpreting the collective bargaining agreement. The court also affirmed summary judgment for the plaintiff on her discrimination claim and upheld th
• Bd. OF Educ. OF the E. Windsor Reg'l Sch. Dist. v. Diamond
  808 F.2d 987· 3d Cir.· 1986-12-19 ·cited 24×
  The court held that the School District must fund the child's residential placement and reimburse past expenses, and that recent federal legislation allows for claims of attorneys' fees and compensatory damages for violations of the Education of the Handicapped Act.
• D.R. Mead & Co. v. Cheshire OF Fla., Inc.
  489 So. 2d 830· Fla. 3d DCA· 1986-06-03 ·cited 24×
  Cheshire of Florida sued its insurance agents D.R. Mead & Co. and Robert Weise after losing a $700,000 fire loss claim, alleging the agents made material misrepresentations that prevented recovery. The trial court struck the insurer's arson defense and directed a verdict on damag
• Ford B. Ford v. Hilario Alfaro
  785 F.2d 835· 9th Cir.· 1986-03-27 ·cited 24×
  The court held that the district court abused its discretion by imposing a preclusive sanction without proper notice and hearing, but this error was harmless. The court also reversed the finding that two employees were not unlawfully discharged and reversed the district court's f
• Getelman v. Burton R. Levey
  481 So. 2d 1236· Fla. 3d DCA· 1985-12-31 ·cited 24×
  In this fraud and breach of fiduciary duty case, Getelman purchased Levey's half-interest in a property for $100,000 without disclosing that the City of Miami had already contacted him about acquiring the property, which ultimately sold for $750,000. The court affirmed the jury v
• Peabody Coal Co. & Old Republic Cos. v. Eldon Blankenship and Director
  773 F.2d 173· 7th Cir.· 1985-09-19 ·cited 24×
  The court held that prejudgment interest on black lung benefits accrues from the date benefits are due and payable, not from the date of eligibility.
• Columbia Brick Works, Inc. v. Royal Ins. Co. OF Am.
  768 F.2d 1066· 9th Cir.· 1985-08-13 ·cited 24×
• Cent. Rivers Towing, Inc. v. City OF Beardstown
  750 F.2d 565· 7th Cir.· 1984-12-06 ·cited 24×
  The court held that the City was liable for negligently failing to remove a submerged bridge pier that became a hazard, and that the United States was liable for the Coast Guard's failure to properly mark the obstruction. The court also affirmed the district court's findings on c
• United States v. Dollar Rent A CAR Sys., Inc.
  712 F.2d 938· 4th Cir.· 1983-07-27 ·cited 24×
  The court held that the district court erred in applying state law to set the prejudgment interest rate on a federal contract, and must instead exercise its discretion under federal law.
• Newhouse v. Robert's Ilima Tours, Inc.
  708 F.2d 436· 9th Cir.· 1983-06-13 ·cited 24×
  The court held that motor carriers exempt from the Motor Carrier Act (MCA) are subject to the Fair Labor Standards Act (FLSA) overtime provisions, and that the Secretary of Transportation had the authority to revoke such exemptions. Attorney's fees were affirmed, but prejudgment
• T.N.T. Marine Serv., Inc. v. Weaver Shipyards & DRY Docks, Inc.
  702 F.2d 585· 5th Cir.· 1983-04-11 ·cited 24×
  A plaintiff who asserts claims cognizable under both admiralty and diversity jurisdiction must make an affirmative election under Fed.R.Civ.P. 9(h) to proceed under admiralty, thereby waiving the right to a jury trial.
• Goodman v. Heublein, Inc.
  682 F.2d 44· 2d Cir.· 1982-06-11 ·cited 24×
  The court held that the award of prejudgment interest was barred by the failure to comply with Fed.R.Civ.P. 59(e)'s time limit, but affirmed the award of supplemental attorney's fees.
• Trudy Unger v. Consol. Foods Corp.
  657 F.2d 909· 7th Cir.· 1981-08-14 ·cited 24×
  Federal courts must conduct a trial de novo for Title VII claims, and prior state administrative or judicial proceedings do not have preclusive effect, even if the plaintiff sought state judicial review. Attorneys' fees are recoverable for work done in state proceedings that are
• Marshall v. Lancarte
  632 F.2d 1196· 5th Cir.· 1980-12-15 ·cited 24×
  The court held that the district court erred in denying prejudgment interest on back wages awarded under section 17 of the FLSA, but affirmed the district court's findings on backpay and other violations.
• The First Nat'l Bank OF Chicago v. Material Serv. Corp.
  597 F.2d 1110· 7th Cir.· 1979-04-27 ·cited 24×
  The court held that Material Service's statutory faults contributed to the collision, but also found the decedent, Hart, contributorily negligent, requiring apportionment of damages.
• Usery v. Associated Drugs, Inc.
  538 F.2d 1191· 5th Cir.· 1976-09-20 ·cited 24×
  The court held that the trial court correctly refused to apply the 'rolling quarter' method for determining sales volume exemption under the FLSA, but erred in excluding pharmacists as exempt employees and in disallowing prejudgment interest.
• Sanders v. John Nuveen & Co., Inc.
  524 F.2d 1064· 7th Cir.· 1975-10-30 ·cited 24×
  An underwriter of commercial paper is liable for losses sustained by customers due to issuer default if the underwriter breached its duty to conduct a reasonable investigation, even if the underwriter honestly believed financial statements were accurate.
• Ramey v. The Cincinnati Enquirer, Inc.
  508 F.2d 1188· 6th Cir.· 1974-12-26 ·cited 24×
  The court held that the award of attorneys' fees was justified due to the substantial benefit conferred upon the corporation and its shareholders, and that the amount awarded was not an abuse of discretion, but reversed the award of prejudgment interest.
• Paul M. Garrett in Bankr. for Metro. Shippers' Clearings Corp. of Wash. v. TIME-D.C., Inc.
  502 F.2d 627· 9th Cir.· 1974-08-14 ·cited 24×
  A claim for pre-judgment interest on shipping overcharges arises under the Interstate Commerce Act, conferring federal jurisdiction under 28 U.S.C. § 1337.
• Chagois v. Lykes Bros. S.S. Co., Inc.
  432 F.2d 388· 5th Cir.· 1970-09-30 ·cited 24×
  A shipowner is liable for injuries to a longshoreman caused by unseaworthy shore-based equipment used in the loading process, even if the longshoreman is injured on the pier and the equipment is owned by a stevedore.
• The Unitec Corp. v. Beatty Safway Scaffold Co. OF Or.
  358 F.2d 470· 9th Cir.· 1966-03-19 ·cited 24×
  The court held that the contract modification was valid, Safway's contract claims were properly decided, and Safway's negligence claims were supported by evidence. However, the court reversed the denial of Goodyear's contractual indemnity claim against Unitec.
• L & E Co. v. U. S. A. ex rel. Kaiser Gypsum Co., Inc.
  351 F.2d 880· 9th Cir.· 1965-10-08 ·cited 24×
  The court held that summary judgment was proper, ancillary jurisdiction existed for related claims, and prejudgment interest was correctly awarded under California law.
• Cont'l Cas. Co., Inc. v. Allsop Lumber Co., Inc.
  336 F.2d 445· 8th Cir.· 1964-08-26 ·cited 24×
  The court held that federal district courts have jurisdiction over actions on Capehart Act payment bonds under 28 U.S.C. § 1352, and that service of process on individual defendants outside the state was valid. The court also found that the notice requirements of the bond were sa
• Carroll Bailey v. Swartz
  97 So. 2d 310· Fla. 3d DCA· 1957-10-10 ·cited 24×
  In this real estate commission dispute, the jury found for the broker on the merits, awarding a $5,175 commission. However, the trial court improperly added pre-judgment interest not found by the jury. The appellate court reversed this addition, holding that Florida law prohibits
• Am. Equity INS. Co. v. van Ginhoven
  788 So. 2d 388· Fla. 5th DCA· 2001-06-29 ·cited 23×
  American Equity Insurance Company appealed a trial court judgment finding coverage under its commercial liability policy for damage to a homeowner's swimming pool caused by the contractor's negligent draining. The appellate court reversed, holding that the policy exclusions were
• The Celotex Corp. v. Buildex, Inc.
  476 So. 2d 294· Fla. 3d DCA· 1985-10-08 ·cited 23×
  Celotex sought prejudgment interest on a suppliers' contract claim against Buildex. The court held that where a disputed contractual claim becomes liquidated by judgment, prejudgment interest should be awarded from the date payment was due, and absent a valid written agreement fo
• Blanton v. Anzalone
  760 F.2d 989· 9th Cir.· 1985-05-14 ·cited 23×
  The court held that the prohibited transaction claim was barred by the statute of limitations, but the breach of fiduciary duty claim for undercharging rent was valid. The denial of attorneys' fees was affirmed, but the prejudgment interest rate was vacated and remanded for recal
• Rolf v. Blyth
  637 F.2d 77· 2d Cir.· 1980-12-01 ·cited 23×
  The court held that the commencement date for Stott's aiding and abetting liability was July 31, 1969, and that the damage calculation method needed correction to accurately reflect actual losses. The court also ordered prejudgment interest to be awarded.
• Frank v. Bloom
  634 F.2d 1245· 10th Cir.· 1980-11-05 ·cited 23×
  The court held that the trial court did not err in its jury instructions regarding contract modification, the legal effect of prior awards, or the admission of evidence, and that the jury's verdict was supported by sufficient evidence.
• McCOY v. Rudd
  367 So. 2d 1080· Fla. 1st DCA· 1979-02-16 ·cited 23×
  This case involves an appeal from a jury verdict awarding damages for a fire. The appellate court affirmed the jury's finding of liability and the principal damage award but reversed the award of prejudgment interest on unliquidated damages.
• United Bank Ltd. v. Cosmic Int'l, Inc.
  542 F.2d 868· 2d Cir.· 1976-09-30 ·cited 23×
  The court held that the act of state doctrine does not apply to extraterritorial seizures of property, and that prejudgment interest is mandatory under New York law.
• Allapattah Servs., Inc. v. Exxon Corp.
  372 F. Supp. 2d 1344· S.D. Fla.· 2005-05-18 ·cited 22×
  The court granted plaintiffs' motion in part, striking certain affirmative defenses and a set-off claim, and awarded attorney's fees and sanctions against Exxon.
• Scottsdale Ins. Co. v. DeSALVO
  748 So. 2d 941· Fla.· 1999-09-09 ·cited 22×
  An insured may recover attorney fees and costs under section 627.428 even when the insured's total recovery is less than the insurer's highest settlement offer, provided the insured recovers some amount. An offer of settlement must be construed to include all damages, attorney fe
• Swindell v. Crowson
  712 So. 2d 1162· Fla. 2d DCA· 1998-06-12 ·cited 22×
  The estate of Park T. Swindell appeals a judgment awarding Catherine Crowson $7,850.50 for unjust enrichment based on bookkeeping and administrative services she performed for the decedent over ten years. The court reverses the judgment, finding insufficient evidence that the dec
• Indian River Colony Club, Inc. v. Schopke Constr. & Eng'g, Inc.
  619 So. 2d 6· Fla. 5th DCA· 1993-04-23 ·cited 22×
  In this breach of contract case, the Fifth District Court of Appeal reversed the trial court's damages award because Schopke failed to properly prove lost profits on a construction management contract. The court held that while Schopke is entitled to recover for the breach, it mu
• Indep. Fire Ins. Co. v. Jacques Lugassy and Debra Lugassy
  593 So. 2d 570· Fla. 3d DCA· 1992-02-04 ·cited 22×
  An insurer is liable for prejudgment interest on a fire loss from the date of the loss when the insurer breaches the contract by denying liability.
• Home Sav. Bank v. Gillam
  952 F.2d 1152· 9th Cir.· 1991-12-31 ·cited 22×
  The court held that the RTC had a right of action under FIRREA to recover funds improperly disbursed in violation of a forbearance agreement, and that the creation of a legal indemnification fund and severance payments violated the agreement's terms.
• Masella v. Blue Cross & Blue Shield OF Conn., Inc.
  936 F.2d 98· 2d Cir.· 1991-06-19 ·cited 22×
• Doty v. Sewall
  908 F.2d 1053· 1st Cir.· 1990-07-17 ·cited 22×
  The court affirmed the district court's judgment on most issues, finding no abuse of discretion in evidentiary rulings or denial of a new trial, but reversed the denial of prejudgment interest on state law claims.
• In re Edith Bloom, M.D. v. Edith Bloom, M.D.
  875 F.2d 224· 9th Cir.· 1989-05-15 ·cited 22×
  The court held that filing motions to collect on a pre-bankruptcy judgment and to withdraw the reference after notice of bankruptcy constitutes a willful violation of the automatic stay, but remanded for recalculation of interest.
• Mark Seitman & Assocs., Inc. v. R.J. Reynolds Tobacco Co.
  837 F.2d 1527· 11th Cir.· 1988-02-25 ·cited 22×
  The court held that the district court erred in instructing the jury that it could award damages for the value of the business, and in awarding prejudgment interest, but affirmed the denial of the motion for judgment notwithstanding the verdict.
• Garcia v. Burlington N. R.R. Co.
  818 F.2d 713· 10th Cir.· 1987-04-22 ·cited 22×
  The court held that the Electromatic Tamper is not a locomotive under the Boiler Inspection Act, and the trial court lacked jurisdiction to amend the judgment to include prejudgment interest after a notice of appeal was filed.
• Turner v. Johnson & Johnson
  809 F.2d 90· 1st Cir.· 1986-12-31 ·cited 22×
  The court held that a fraud claim based on an oral promise directly contradicted by a specific contract provision is barred as a matter of law, but a claim based on a potentially deceptive description of a competing product may proceed.
• Mfrs. Hanover Tr. Co. v. Drysdale Sec. Corp.
  801 F.2d 13· 2d Cir.· 1986-09-08 ·cited 22×
  The court affirmed the judgment for plaintiff MHT, finding that Andersen's misrepresentations regarding DGSI's financial status caused MHT's losses, and denied MHT's cross-appeal for punitive damages, remanding only for proceedings on pre-judgment interest.
• In re Chicago
  791 F.2d 524· 7th Cir.· 1986-05-20 ·cited 22×
  The court held that principal repayment should be accelerated and interest paid on overdue principal at the contract rate, but interest on unpaid interest installments is not allowed as it was not expressly provided for in the contract or by state law.
• In re AIR Crash Disaster Near NEW Orleans v. PAN Am. World Airways, Inc.
  789 F.2d 1092· 5th Cir.· 1986-05-07 ·cited 22×
  The court held that the district court did not err in denying the motion to dismiss on forum non conveniens grounds, nor in applying Louisiana law to most claims and Uruguayan law to the nephew's claim for his aunt's death. The court also affirmed the striking of the Warsaw Conve