Johnson & Higgins of Texas, Inc. v. Kenneco Energy, Inc.

I do not disagree with the Court that prejudgment interest awards on common law contract claims should be guided by legislated policies for prejudgment interest on wrongful death, personal injury, and property damage claims. No good reason is advanced for having different prejudgment interest rules for different kinds of claims. In deference to the Legislature’s adoption of a rule for some cases, it is appropriate for the common law to apply the same rule in other cases. I do disagree with the Court’s holding that prejudgment interest should accrue during a period when the parties have agreed…