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Prejudgment attachment or Prejudgment writ of attachment allows recovery of money damages by levying a security interest on the property of the party paying money damages. A writ of attachment is filed to secure debt or claim of the creditor in the event that a judgment is rendered.
In order to establish the constitutionality of a provisional remedy, two cases must be distinguished. The 3-part test established in Matthews determines whether a prejudgment remedy meets the constitutional requirements when Government seeks deprivation on its own initiative. The court must take into consideration the private interest of the ...
The Offer of Judgment rule is a United States tort reform law aimed at controlling unnecessary litigation and at encouraging settlement. Under this rule, if a settlement offer designated as an offer of judgment is made in civil litigation, the offer is rejected and the final court decision is less favorable than the final offer that was made, then the party who rejected the offer is subject to ...
The Port had argued that it was immune from paying "prejudgment" interest on the $5 million while it battled Smyjunas in court over the $5 million fee. A lower court ruled against the Port ...
A conflict of interest is when a person or association has intersecting interests (financial, personal, etc.) which could potentially corrupt. The potential conflict is autonomous of actual improper actions, it can be found and intentionally defused before corruption, or the appearance of corruption, happens. "A conflict of interest is a set of ...
The award by Judge Arthur Engoron quickly swelled to $464 million in February because of prejudgment interest, and has grown by over $100,000 a day in interest since. That amount will continue to ...
The dollar amount includes the prejudgment interest that accrued on Engoron’s more than $350 million award against Trump and the Trump Organization for having routinely inflated their assets to ...
However, unlike a TRO, a prejudgment writ of attachment provides a source of financial recovery for a plaintiff. Usually, a plaintiff seeking a prejudgment writ of attachment must post a surety bond of up to two times the amount of the damages claimed by the plaintiff. Common grounds for obtaining a prejudgment writ of attachment are that a ...