 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Peterson v. BASF Corp.3/11/2003
re, the experts offered different opinions as to damages based on a variety of factors. The jury's damage award, which is between the amounts offered by the parties' experts, shows that it considered the parties' contentions regarding the dates and extent of damages and other factors. The district court was not clearly erroneous in determining that damages were not readily ascertainable.
The farmers also contend that prejudgment interest is considered part of the substantive damages which, under New Jersey law, is subject to mandatory trebling. The NJCFA states, " n any action under this section the court shall, in addition to any other appropriate legal or equitable relief, award threefold the damages sustained by any person in interest." N.J. Stat. § 56:8-19. The farmers contend that prejudgment interest constitutes substantive damages intended to compensate the victim for deprivation of the monetary value of their loss. See Busik v. Levine, 307 A.2d 571, 575 (N.J. 1973) (finding that prejudgment interest is compensatory as to the parties and represents damages for delay in payment).
The prejudgment interest statute is considered more procedural than substantive so that the law of the forum state applies. Zaretsky v. Molecular Biosystems, Inc., 464 N.W.2d 546, 550-51 (Minn. App. 1990). Prejudgment interest is an element of compensatory damages. It is "awarded to provide full compensation by converting time-of-demand * * * damages into time-of-verdict damages." Lienhard v. State, 431 N.W.2d 861, 865 (Minn. 1988) (citations omitted). Where interest was awarded on trebled damages, this court allowed interest only on the first third of the trebled damages.
nly the first third of the trebled damages is compensatory. The remainder is at least "noncompensatory" and the trial court's allowance of prejudgment interest on this amount must be reversed. Muehlstedt v. City of Lino Lakes, 473 N.W.2d 892, 896 n.2 (Minn. App. 1991) (quoting Minn. Stat. §á549.09, subd. 1(b)(4) (1990)), review denied (Minn. Sept. 25, 1991).
Consequently, the district court properly applied interest only to the damages award, not the trebling of the damages award.
DECISION
BASF has not demonstrated that it is entitled to JNOV on the jury's verdict that it engaged in consumer fraud or on the jury's award of damages. The district court did not abuse its discretion in its jury instructions, the verdict form, or in its admission of evidence. As to BASF's challenge to the class certification, this court decided the issue in Peterson I and under the law-of-the-case doctrine, the issue may not be raised again in this appeal. Finally, we affirm the district court's decision on prejudgment interest issues that the farmers challenge in their notice of review. In conclusion, the district court decision is affirmed, and the farmers' motions to strike are granted in part.
Affirmed.
G. BARRY ANDERSON, Judge (concurring specially)
I concur with the majority here, largely because of our prior holding in Peterson v. BASF Corp., 618 N.W.2d 821 (Minn. App. 2000), review denied (Minn. Jan. 26, 2001).
But while respondents have put together a persuasive set of facts outlining misconduct on the part of appellants, at the end of the day, this dispute is the poster child for national class action reform. We have here a Minnesota district court, applying a New Jersey consumer fraud statute to a nationwide class of plaintiffs, with few of those plaintiffs residing in New Jersey. And, it is probably a fair assumption that the legislative authors of the New Jersey consumer protection scheme did not have in mind midwestern farmers purchasing ag
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Minnesota Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|