Delaware Business Litigation Report

Court of Chancery Denies Unpleaded Prejudgment Interest Request

All Pro Maids, Inc. v. Susan Layton, et al., C.A. No. 058-N, 2005 WL 82689 (Del. Ch. Jan. 11, 2005). This opinion discusses a post-judgment motion objecting to the form of the judgment and order relating to prejudgment and post-judgment interest awards pursuant to 6 Del. C. §2301. In this post-judgment letter opinion, the court examined defendant's objection to the proposed form of judgment to the extent that it sought interest from the due date of payment, when the court had neither discussed nor awarded it. The plaintiff's contention was that Delaware law permitted award of prejudgment interest as a matter of right. In the course of denying that claim on the ground that it had never requested that interest prior to judgment or presented evidence of its damage claims in a manner that would have put defendant or the court on notice, the court visited relevant Delaware precedent addressing such interest awards. The court however awarded post-judgment "legal rate of interest" under 6 Del. C. §2301(a). Authored by: Raj Srivatsan 302-888 6831 rsrivatsan@morrisjames.com Share