Document Type

Case Note


In maritime personal injury cases, courts have traditionally seen prejudgment interest as part of the compensation due to a prevailing plaintiff. The goal of ensuring the fullest compensation possible has long been recognized as a basic principle of admiralty law. However, federal appellate courts are split over whether to award prejudgment interest on a mixed claim under general maritime law and the Jones Act. This Note explores this issue in Nevor v. Moneypenny Holdings, LLC, which was the first time the question had been raised in the First Circuit. The Fifth and Sixth Circuits have held that because prejudgment interest on a Jones Act claim is not allowed, prejudgment interest is not available on a mixed claim. However, the First Circuit in Nevor ultimately followed the Second Circuit reasoning that a successful Jones Act claim should not preclude prejudgment interest when mixed with a claim under general maritime law. This Note provides the legal background for the claims at issue in Nevor and examines the case law on both sides of the circuit split before turning to a discussion of Nevor. By way of conclusion, the Note argues that if the case is appealed, the Supreme Court should grant certiorari and resolve the now wider circuit split in favor of the First and Second Circuit approach.

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