Wednesday, August 16, 2023 5:34:30 PM
I thought the Fannie class would get automatic pre-judgment interest, but the defendants filed a motion asking Lamberth to deny it, which would imply that he has discretion.
The Supreme Court of Delaware case MOSKOWITZ v. MAYOR & COUNCIL OF WILMINGTON says:
That seems pretty cut and dried. While Moskowitz was from 1978, the cases Janas v. Biedrzycki from 2000 and Brandywine Smyrna, Inc. v. Millennium Builders, LLC from 2011 cite Moskowitz.
I don't see on what grounds Lamberth would deny pre-judgment interest on the Fannie class, but he has been biased towards the defendants all along so it wouldn't surprise me at all if he denies it anyway. This decision, among many others Lamberth made along the way, would likely be appealed by the plaintiffs.
Pre. Though for Freddie that doesn't matter anymore; the jury denied pre-judgment interest and I doubt the appeals court will add it in.
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