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DaimlerCHRYSLER INSURANCE COMPANY v. PAMBIANCHI, 11-1144-cv (Lead) (2012)

Court: Court of Appeals for the Second Circuit Number: infco20120515093 Visitors: 3
Filed: May 15, 2012
Latest Update: May 15, 2012
Summary: SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the United States District Court for the District of Connecticut be AFFIRMED. Plaintiff-Appellant DaimlerChrysler Insurance Company appeals from a decision of the United States District Court for the District of Connecticut (Kravitz, J. ), denying Plaintiff-Appellant's request for prejudgment interest. Defendant-Cross-Appellant John Pambianchi cross-appeals from the district court's grant
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SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the United States District Court for the District of Connecticut be AFFIRMED.

Plaintiff-Appellant DaimlerChrysler Insurance Company appeals from a decision of the United States District Court for the District of Connecticut (Kravitz, J.), denying Plaintiff-Appellant's request for prejudgment interest. Defendant-Cross-Appellant John Pambianchi cross-appeals from the district court's grant of Plaintiff-Appellant's motion for summary judgment.

We review de novo a district court's grant of summary judgment, with the view that "[s]ummary judgment is appropriate only if the moving party shows that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law." Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292, 300 (2d Cir. 2003).

Upon such review, we affirm the district court's grant of summary judgment in Plaintiff-Appellant's favor for substantially the same reasons set forth in the district court's thorough Memorandum and Order.

We review the district court's denial of Plaintiff-Appellant's request for prejudgment interest for abuse of discretion. See Blakeslee Arpaia Chapman, Inc. v. EI Constructors, Inc., 239 Conn. 708, 734 (1997). We do not reach the question on which the court based its decision, namely, whether DaimlerChrysler Insurance sufficiently raised the issue of pre-judgment interest to permit consideration of whether Pambianchi wrongfully withheld money due to DaimlerChrysler Insurance Company. Instead, we find that the district court's determination that equitable considerations counseled against awarding prejudgment interest was not an abuse of discretion.

For the foregoing reasons, the judgment of the district court is hereby AFFIRMED.

Source:  Leagle

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