Legal Opinion
Atlantic Mutual Insurance v. Napa Transportation, Inc.
District Court, S.D. New York
Decided November 15, 2005No. 04 CIV. 2478(JES)PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
SPRIZZO, District Judge.
At issue before the Court are the questions of timing and rate of prejudgment interest to be awarded to plaintiff, Atlantic Mutual Insurance Company (“plaintiff’ or “subrogee”), in its judgment against defendant, Napa Transportation, Inc., for the latter’s liability under the Carmack Amendment, 49 U.S.C. § 14706. For the reasons set forth below, the Court finds that plaintiff is entitled to prejudgment interest from the expected date of delivery at the rate provided by 28 U.S.C. § 1961.
BACKGROUND
On December 12, 2001, bound for Woonsocket,…
2Cases cited17 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Securities and Exchange Commission v. First Jersey Securities, Inc. And Robert E. BrennanCourt of Appeals for the First Circuit · 1996
- Security Insurance Company of Hartford A/s/o Jt International Holdings, B v. V. Old Dominion Freight Line, Inc., Defendant-Cross-Claimant-Appellant v. Concord Transportation, Inc., Defendant-Cross-DefendantCourt of Appeals for the Second Circuit · 2004
- Miller v. RobertsonSupreme Court of the United States · 1924
- City of Milwaukee v. Cement Division, National Gypsum Co.Supreme Court of the United States · 1995
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3Cited by3 opinions
- NipponKoa Ins. Co. v. Watkins Motor Lines, Inc.District Court, S.D. New York · 2006
- Federal Insurance Company v. CLE Transportation, Inc.District Court, S.D. New York · 2020
- Stanbro v. Westchester County Health Care CorporationDistrict Court, S.D. New York · 2023