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Prejudgment Interest

Apr 20, 2020

Contracts: Breach of Contract-Batson-Challenge Prejudgment Interest

(1)Where appellant general contractor and respondent office building owner cross-appealed in a dispute arising from a construction contract, the appellant’s Batson challenge failed because it did not show that the respondent’s reason for a strike was pretext, and the judgment is affirmed in part because the trial court did not abuse its discretion in excluding […]

Mar 10, 2020

Civil Practice: Unjust Enrichment-Prejudgment Interest-Voluntary Payment Doctrine

(1)Where in a dispute arising from change orders to a construction contract, the trial court did not abuse its discretion in overruling its motions for continuance and to amend, and the court properly entered judgment against the subcontractor for unjust enrichment because the judgment was supported by the evidence, and the voluntary payment doctrine did […]

Jan 3, 2020

Municipal: License Taxes-Prejudgment Interest

  The parties cross-appealed from the judgment finding plaintiff liable for municipal fees and taxes and awarding defendant cities attorneys’ fees and interests. Where the state legislature had a rational basis for implementing the authorizing statute for the license taxes, imposition of the taxes and fees was not unconstitutional, but the trial court erroneously calculated […]

Oct 17, 2018

Insurance: Fire Loss- Damages- Prejudgment Interest

Where a homeowner who suffered a partial fire loss challenged a directed verdict against her on her claims for the structure, personal property and prejudgment interest, the homeowner failed to make a submissible case on the issue of damages on her structure claim, and the directed verdict was also appropriate on the personal-property claim because […]

Apr 27, 2018

Tort : Action On Account –  Delivery –  Prejudgment Interest

Agriservices of Brunswick v. Jacoby (MLW No. 71599/Case No. WD80895 – 13 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.)

Apr 12, 2018

Negligence : Legal Malpractice –  Collateral Estoppel –  Prejudgment Interest

Juan v. Growe (MLW No. 71541/Case No. ED105752 – 21 pages) (Missouri Court of Appeals, Eastern District, Hess, J.)

Mar 26, 2018

Contracts : Construction Contract – Prejudgment Interest –  Stricken Language

G&G Mechanical Constructors, Inc. v. Jeff City Industry, Inc. (MLW No. 71481/Case No. WD80840 – 7 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.)

Mar 8, 2018

Municipal : Prejudgment Interest – Incomplete Record –  Ordinance

City of Kansas City v. Cosic (MLW No. 71430/Case No. WD80985 – 6 pages) (Missouri Court of Appeals, Western District, Martin, J.)

Jan 20, 2017

Contracts : Hospital Acquisition – Capital Expenditure – Prejudgment Interest

Health Care Foundation of Greater Kansas City v. HM Acquisition, LLC (MLW No. 70099/Case No. WD79340 – 35 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.)

Sep 30, 2016

Insurance : Duty To Defend – Toxic-Tort Lawsuit – Prejudgment Interest

The Doe Run Resources Corporation v. American Guarantee & Liability Insurance (MLW No. 69748/Case No. ED103026 – 20 pages) (Missouri Court of Appeals, Eastern District, James M. Dowd, J.)

Sep 23, 2016

Consumer Law : Fair Debt Collection Practices Act – Prejudgment Interest

Haney v. Portfolio Recovery Associates, LLC (MLW No. 69734/Case No. 15-1932 – 28 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)

Jul 26, 2016

Contracts : Master Services Agreement – Termination Clause – Prejudgment Interest

Barkley, Inc. v. Gabriel Brothers, Inc. (MLW No. 69459/Case No. 15-2307 – 19 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)

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