United States Tenth Circuit

In a product liability action, a denial of prejudgment interest to plaintiff is affirmed where the district court employed an improper presumption that plaintiff was not entitled to prejudgment interest simply because its damages estimates were inconsistent, but plaintiff's damages were not sufficiently calculable to serve as a basis for prejudgment interest under Utah law.

Appellate Information

• Decided 08/11/2009
• Published 08/11/2009

Judges

• LUCERO, Circuit Judge., Before KELLY, LUCERO, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Stephen G. Masciocchi (David L. Black, Anthony J. Navarro, William W. Maywhort, and J. Lee Gray, with him on the briefs), Holland & Hart LLP, Denver, CO, for Plaintiff-Appellant.


• For Appellees:
  
• Roger P. Thomasch (Mary A. Wells and L. Michael Brooks, Jr., Wells, Anderson & Race LLC, with him on the briefs), Ballard, Spahr, Andrews & Ingersoll, LLP, Denver, CO, for Defendant-Appellee.