Karen Svea Johnson and Robert Cooke, Jr., Wife and Husband v. Continental Airlines Corporation, a Delaware Corporation

BRORBY, Circuit Judge.

This case presents a single issue for consideration on appeal: Which state governs the availability of prejudgment interest in a diversity case where, by consent, Colorado law governs liability and Idaho law governs compensatory damages? This is an issue of first impression, entitled to de novo review. Mitchell v. State Farm Fire & Casualty Co., 902 F.2d 790, 792 (10th Cir. 1990); Needham v. Phillips Petroleum Co. of Norway, 719 F.2d 1481, 1483 (10th Cir. 1983). Unlike the district court, we conclude that when making choice of law determinations, prejudgment interest…