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Arthur Allen Hogenson v. Michael W. Hogenson. MN prejudgment interest
This appeal from Hennepin County District Court involved prejudgment-postverdict interest, and called upon the Minnesota Court of Appeals to construe Minn. Stat. 549.09. The court held that the phrase "except as otherwise allowed by law" in that statute requires that, when the common law permits recovery of preverdict interest on a claim, preverdict interest on any award be calculated according to common law principles. When preverdict interest is not available under common law, it should be calculated exclusively under the statute.
No. A13-1846 (Minn. Ct. App. Aug. 11, 2014)
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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