News & Analysis as of

Post-Judgment Interest

Key Updates Regarding the Massachusetts Consumer Protection Act – Chapter 93A

by Holland & Knight LLP on

Litigation involving claims of unfair or deceptive business practices under Chapter 93A of the Massachusetts General Laws is constantly evolving, and these claims remain a favorite for the plaintiffs' bar, particularly given...more

Federal Circuit Upholds $455 Million International Arbitration Award, But Finds That Federal Statutory Interest Rate, Rather Than...

by Carlton Fields on

The Federal Circuit has upheld a district court’s confirmation of a $455 million award by an international arbitration tribunal, but modified the judgment to clarify that, after the date of the district court’s judgment...more

Finding of Exceptionality Leaves Unsuccessful Infringement Plaintiff Liable for Over $50 Million in Attorney Fees and Costs

Needless to say, a finding of exceptionality under 35 U.S.C. § 285 can have crippling consequences. Just ask Rembrandt Technologies, LP, which recently was slapped with an order to pay the prevailing defendants in a...more

A Lender’s Federal Post-Judgment Interest Quandary

by Bryan Cave on

Post-judgment interest is not something most lenders consider when making a loan. In fact, it is not ordinarily the subject of significant analysis even when litigation becomes necessary. ...more

Real Property & Title Insurance Update: Weeks Ending June 10 & 17, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - - Foreclosure/Standing/Hearsay: copy of a note with undated allonge containing blank endorsement sufficient to establish standing as a matter of law, even though bank did not have formal...more

Laches Defense Loses its Luster in LED Patent Dispute

In determining whether a laches defense applies to thwart a claim of patent infringement, courts must often shine a light upon murky and complicated factual scenarios. A Massachusetts court recently navigated such a scenario...more

Connecticut Collections: How to get paid if you are owed money? Part 3: Steps in the Collection Process

by Murtha Cullina on

Collections in Connecticut - how to get paid if you are owed money? Collecting money owed to you or your company can be frustrating. You or your company are owed money and have not been paid. What are your legal options? ...more

Eighth Circuit Concludes that Post-Judgment Actions are not Subject to the FDCPA's Venue Provision and Equitable Tolling does not...

by Hinshaw & Culbertson LLP on

Hageman v. Barton, No. 14-3665, 2016 WL 1212235 (8th Cir. Mar. 29, 2016) - In Hageman v. Barton, the U.S. Court of Appeals for the Eighth Circuit held that registration of a foreign judgment and related garnishment...more

Stendardo Revisited: The Importance of Specifying Obligations in a Mortgage that Continue in Force after a Foreclosure Judgment

In a recent 2015 case, EMC Mortgage, LLC v. Biddle, 114 A.3d 1057, the Pennsylvania Superior Court applied the holding, Stendardo v. First National Mortgage Association, 991 F.2d 1089 (3d Cir.1993), to a case where a mortgage...more

Appellate Court Notes

by Pullman & Comley, LLC on

SC19297 - DiLieto v. County Obstetrics & Gynecology Group, P.C. - Plaintiff received a jury verdict of $4.5 million in this medical malpractice action due to the wrongful removal of certain organs. The plaintiff was...more

Consumers in Lemon-Law Cases Not Entitled to Postjudgment Interest on Attorney’s Fee Award Paid Before Final Judgment

In Hyundai Motor America v. Superior Court (filed 3/20/15, No. G051279), the California Court of Appeal, Fourth Appellate District, determined that the plaintiff consumer was not entitled to postjudgment interest on an...more

French Reform of the Legal Interest Rate | Flash Info sur la rforme du taux d'intrt lgal

by Morgan Lewis on

The legal interest rate is the reference rate used to calculate penalties for an obligation’s late performance. Calculated on the basis of the level of state financing on 13 weeks, the legal interest rate has decreased...more

Eighteen Percentage Spread between Pre- and Post-Judgment Interest Rates Affirmed

The current post-judgment interest rate in federal court is the infinitesimally meager rate of 0.22% (that is 22 hundredths of a percent, not 22 percent) as per statute, 28 U.S.C. § 1961(a). ...more

Appellate Court Notes

by Pullman & Comley, LLC on

SC19216 - Sikorsky Financial Credit Union, Inc. v. Butts - Finally some clarity in rules pertaining to the award of post-judgment interest. Here the (consumer) loan agreement provided that interest would accrue at 9%...more

Drafting Errors - Routinely Cost Lenders’ Post-Bankruptcy Attorney’s Fees and Interest

by Lane Powell PC on

Originally published in Community Banker - Spring 2013. When a bankruptcy intervenes to prevent the continuation of a restructuring or loan enforcement effort, it is too late to supplement or strengthen loan...more

Is It Prejudgment Or Postjudgment Interest? The Conclusion Can Make A Difference

by Hinshaw & Culbertson LLP on

In Lucky United Properties Investments Inc. v. Lee, 2013 DAR 1614 (2013), the California Court of Appeal for the First Appellate District decided when interest begins to accrue on an award of prejudgment interest in the...more

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