unliquidated claim (District of Columbia) · Go Syfert
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unliquidated claim in District of Columbia

5 District of Columbia opinions name it 1 courts 1979–2003 0 in the last five years

The cases below were cited by District of Columbia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Giant Food, Inc. v. JACK I. BENDER, ETC.green
dc · 1979 · cited in 1 District of Columbia opinions naming this issue, 2003–2003
1 sentence

2003Bender & Sons, 399 A.2d 1293, 1302-03 (D.C.1979), that where a plaintiffs claim is for a liquidated sum, the plaintiff will be entitled to prejudgment interest under § 15-108 even if the plaintiffs recovery is reduced at trial by an unliquidated amount that the plaintiff owes the defendant — whether the defendant’s unliquidated claim is founded on a separate transaction or on the same transaction on which the plaintiff filed suit.

11
Thorpe v. National City Bank of Tampagreen
ca5 · 1921 · cited in 1 District of Columbia opinions naming this issue, 1994–1994
1 sentence

1994See also Thorpe v. National City Bank of Tampa, 274 F. 200 (5th Cir.1921).

11
Larry M. Rosen & Associates, Inc. v. Hurwitzgreen
dc · 1983 · cited in 1 District of Columbia opinions naming this issue, 1984–1984
1 sentence

1984Rosen & Associates, Inc. v. Hurwitz, 465 A.2d 1114, 1118-1119 (D.C.1983) (after entry of default on an unliquidated claim, the defaulting party is entitled to a hearing on the amount of damages before judgment may be entered).

11
Ora Lee Bell v. Stephen O'hearne, Deputy Commissioner, Department of Labor, Bureau of Employees Compensation, Fifth Compensation Districtgreen
ca4 · 1960 · cited in 1 District of Columbia opinions naming this issue, 1980–1980
1 sentence

1980This is only proper, because when a claimant makes settlement of an unliquidated claim, without the employer’s consent, he had undertaken to fix the amount of recovery in the action which would have inured to the employer’s benefit.” Bell v. O’Hearne, 284 F.2d 777, 780 (4th Cir.1960).

11
Morauer & Hartzell, Inc. v. E. D. Woodworth, Deputy Commissioner, Bureau of Employees' Compensation Alexander McClanahangreen
cadc · 1970 · cited in 1 District of Columbia opinions naming this issue, 1980–1980
2 sentences

1980See also Morauer & Hartzell, Inc. v. Woodworth, supra, 142 U.S.App.D.C. at 42 , 439 F.2d at 552 ; Marlin v. Cardillo, 68 App.D.C. 201 , 95 F.2d 112 (1938).

1980See also Morauer & Hartzell, Inc. v. Woodworth, supra, 142 U.S.App.D.C. at 42 , 439 F.2d at 552 ; Marlin v. Cardillo, 68 App.D.C. 201 , 95 F.2d 112 (1938).

11
Hansen v. Covellgreen
cal · 1933 · cited in 1 District of Columbia opinions naming this issue, 1979–1979
2 sentences

1979There are three general rules of law concerning the availability of interest where an unliquidated counterclaim or setoff is asserted against a liquidated claim. 8 One of these rules, which Bender urges us to apply here, has been stated as follows: “where the liquidated demand is subject to reduction by virtue of an unliquidated claim the balance due is deemed to be an unliqui-dated sum upon which interest is not recoverable.” Hansen v. Covell, 218 Cal. 622 , 24 P.2d 772, 776 (1933) 9 (dictum) (citations omitted).

1979There are three general rules of law concerning the availability of interest where an unliquidated counterclaim or setoff is asserted against a liquidated claim. 8 One of these rules, which Bender urges us to apply here, has been stated as follows: “where the liquidated demand is subject to reduction by virtue of an unliquidated claim the balance due is deemed to be an unliqui-dated sum upon which interest is not recoverable.” Hansen v. Covell, 218 Cal. 622 , 24 P.2d 772, 776 (1933) 9 (dictum) (citations omitted).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Baccaro v. Pisa green
nysd · 1966
1 sentence

1994According to 6 Moore’s Federal Practice ¶ 55.04 (1994), an unliquidated claim for attorney’s fees is not a suit for a sum certain, citing Davis v. National Mortgage Corp., 320 F.2d 90 (2d Cir.1963); Bacca-ro v. Pisa, 252 F.Supp. 900 (S.D.N.Y.1966).

11994–1994
Davis v. National Mortgage Corp. green
ca2 · 1963
1 sentence

1994According to 6 Moore’s Federal Practice ¶ 55.04 (1994), an unliquidated claim for attorney’s fees is not a suit for a sum certain, citing Davis v. National Mortgage Corp., 320 F.2d 90 (2d Cir.1963); Bacca-ro v. Pisa, 252 F.Supp. 900 (S.D.N.Y.1966).

11994–1994
Link v. Wabash Railroad green
scotus · 1962
2 sentences

1984This general rule “does not mean that every order entered without notice and a preliminary hearing offends due process.” Link v. Wabash R.R., 370 U.S. 626, 632 , 82 S.Ct. 1386, 1389 , 8 L.Ed.2d 734 (1962).

1984This general rule “does not mean that every order entered without notice and a preliminary hearing offends due process.” Link v. Wabash R.R., 370 U.S. 626, 632 , 82 S.Ct. 1386, 1389 , 8 L.Ed.2d 734 (1962).

11984–1984
Marlin v. Cardillo green
cadc · 1938
2 sentences

1980See also Morauer & Hartzell, Inc. v. Woodworth, supra, 142 U.S.App.D.C. at 42 , 439 F.2d at 552 ; Marlin v. Cardillo, 68 App.D.C. 201 , 95 F.2d 112 (1938).

1980See also Morauer & Hartzell, Inc. v. Woodworth, supra, 142 U.S.App.D.C. at 42 , 439 F.2d at 552 ; Marlin v. Cardillo, 68 App.D.C. 201 , 95 F.2d 112 (1938).

11980–1980

Where else courts name it

TX 105 (1886–2025) LA 53 (1920–2022) WA 45 (1916–2019) CA 32 (1923–2024) MO 31 (1897–2021) NY 31 (1860–2023) IL 29 (1909–2019) KY 23 (1896–2025) MI 23 (1912–2026) PA 20 (1892–2024) GA 20 (1853–2014) AZ 17 (1959–2025) SC 17 (1968–2025) OK 17 (1912–2023) KS 16 (1925–2017) FL 15 (1952–2002) NE 12 (1906–1991) CT 11 (1967–2000) MN 11 (1912–2014) OH 10 (1944–2022) NJ 9 (1939–1989) IA 9 (1901–1989) OR 8 (1904–2006) UT 8 (1919–2024) MS 8 (1932–2004) MA 8 (1915–2000) WY 8 (1951–2025) ID 7 (1928–2021) AL 7 (1925–2017) CO 7 (1903–1988) IN 7 (1906–2004) AR 6 (1917–2008) DC 5 (1979–2003) MD 5 (1869–2006) TN 5 (1965–2018) WV 3 (1923–1959) MT 3 (1935–2000) DE 2 (1959–1995) SD 2 (1986–2025) VA 2 (1990–1999) VT 2 (1917–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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