Download or read book A Primer on Prejudgment Interest written by Michael S. Knoll and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: If justice were immediate, there would never be an award of prejudgment interest. The injured party would immediately receive an enforceable judgment, with no loss from delay because of the time value of money. Because justice often takes many years to achieve, the laws of most U.S. jurisdictions provide that interest is added to the original judgment from the time of the injury to the date of judgment. Such interest, called prejudgment interest, plays an important role in expediting the resolution of disputes. In spite of the importance that prejudgment interest plays in the administration of justice, existing law provides trial court judges with nearly unfettered discretion in calculating prejudgment interest. That discretion has produced widely divergent results, seriously undercutting the law's goals of compensating the injured and deterring injurers. The paper describes how courts should go about calculating prejudgment interest. It suggests that prejudgment interest should be compounded and calculated at a floating rate that reflects the defendant's cost of unsecured borrowing.
Download or read book Anchors Away An Appeal for Reference Rates When Calculating Prejudgment Interest written by Nisha Mody and published by . This book was released on 2018 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the Entire Market Value rule, judges prohibit attorneys and damages experts from introducing large, irrelevant numbers into IP litigation, because such numbers can anchor juries toward affording plaintiffs relatively larger awards. We suggest a similar anchoring problem emerges where attorneys introduce antiquated statutory rates when arguing for pre-judgment interest. We suggest judges should make recourse to a set of publicly available reference rates, grounded in economic and financial reality, when affording parties pre-judgment interest.
Download or read book The Calculation of Prejudgment Interest written by Michael S. Knoll and published by . This book was released on 2006 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Essay describes the proper method of calculating prejudgment interest based on sound financial principles. Using the paradigm that the claim plaintiff holds in litigation represents an involuntary loan from plaintiff to defendant and recognizing that in bankruptcy courts treat legal claims similarly to unsecured debt, we argue that prejudgment interest should be computed using the defendant's unsecured borrowing rate. Furthermore, we argue that courts should use a short-term, floating interest rate rather than a long-term rate in order to provide the proper incentive for the parties to settle. We criticize alternative bases for awarding prejudgment interest and address modifications to account for taxes, insurance, foreign currency conversion, asynchronous payments, and suits involving individual plaintiffs.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book A Primer on Prejudgment Interest written by Michael Steven Knoll and published by . This book was released on 1995 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Calculating Construction Damages written by William Schwartzkopf and published by Wolters Kluwer. This book was released on 2000-01-01 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Calculating construction damages can be complex and confusing. Written by recognized experts in the area of construction claims, Aspen Publishersand’ Calculating Construction Damages is a one-of-a-kind resource providing step-by-step guidelines for valuing a claim and calculating damages. Calculating Construction Damages keeps you completely up-to-date with the changes in the construction industry, and provides new and updated coverage on: Reductions in scope through deductive changes The meaning and explanation of acceleration The use of the actual cost method and the total cost method to calculate damages The effectiveness of expanding on productivity analysis. The definition of home office overhead costs and the use of the Eichleay formula. The most recent assessment of attorneysand’ fees on Miller Act claims Only Aspen Publishersand’ Calculating Construction Damages leads you through every step you need to take in order to reach an accurate assessment of construction damages. Complete coverage includes: General Principles of Damage Calculation Labor Costs Equipment and Small Tool Costs; Additional Equipment Costs Material Costs Bond and Insurance Costs Home Office Overhead Calculating Construction Damages is organized by type of damage rather than type of claim. Its clear, mathematical techniques will enable you to value any claim and accurately calculate damages.
Download or read book Prejudgment Interest written by Law Reform Commission of British Columbia and published by . This book was released on 1973 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prejudgment and Postjudgment Interest written by Vedder, Price, Kaufman & Kammholz and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rejecting the Marie Antoinette Paradigm of Prejudgment Interest written by Royce de Rohan Barondes and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines principles for properly computing prejudgment interest by examining the impact on different corporate constituencies. This paper concludes that prejudgment interest at a promisor's cost of funds can undercompensate promisees, by shifting value from the promisee's equityholders to its creditors through a forced investment that decreases the risk of the promisee's portfolio of assets.
Download or read book Jury Awards and Prejudgment Interest in Tort Cases written by Stephen J. Carroll and published by . This book was released on 1983 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book California Enacts Prejudgement Interest written by Albert J. Lipson and published by . This book was released on 1984 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prejudgment and Postjudgment Interest in Federal Tort Claims Act Litigation written by Roger D. Einerson and published by . This book was released on 1991 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prejudgment Interest in International Arbitration written by Jeffrey M. Colon and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tribunals in international arbitration are regularly asked by claimants to award prejudgment interest. Unless foreclosed by an agreement between the parties, there is widespread agreement prejudgment interest should put the claimant in the same position as it would have been had it not been injured by the respondent. However, there is little consensus how to calculate prejudgment interest in order to accomplish that purpose. In this Essay, we describe the proper method of calculating prejudgment interest based on sound financial principles. Using the paradigm that the respondent has forced the claimant to make an involuntary loan to the respondent, we argue that prejudgment interest should be computed using the respondent's borrowing rate. Furthermore, we argue that tribunals should use a series of short-term, floating interest rates rather than a single long-term rate at the commencement of the dispute in order to provide the parties with the proper incentive to settle their dispute. We also discuss how the calculations are different when the parties are individuals and closely held corporations as opposed to corporations and governments, and we address complications that arise when a tribunal calculates damages in one currency and makes a final award in another currency.
Download or read book Business and Commerce Code written by Texas and published by . This book was released on 1968 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prejudgment Interest in Tort Under R C 1343 03 C written by Ettorre & Associates and published by . This book was released on 1990 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patent Remedies and Complex Products written by C. Bradford Biddle and published by Cambridge University Press. This book was released on 2019-06-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Download or read book Rico written by Jed S. Rakoff and published by Law Journal Press. This book was released on 2023-12-28 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: RICO: Civil and Criminal Law and Strategy provides a fundamental grounding in substantive RICO law and focuses on strategic and tactical considerations of RICO practice.
