Section 81 Procedural Issues

• Library: Damages 2012

A corollary to the Erie R. Co. v. Tompkins, 304 U.S. 64 (1938), doctrine is that purely procedural aspects of prejudgment interest recovery in diversity cases should be governed by federal law. Accordingly, while it may be necessary to request prejudgment interest in pleadings in Missouri state court cases (see §20.72, supra), it is not necessary to do so in a diversity case tried in federal court. According to Federal Rule of Civil Procedure 54(c), other than default judgments, “[e]very other final judgment should grant the relief to which...