Cases from cite.case.law:

MACGREGOR v. DAYTONA INTERNATIONAL SPEEDWAY, LLC,, 263 So. 3d 151 (Fla. App. Ct. 2018)

. . . order to enter the non-spectator restricted area of the speedway during the race, pursuant to section 549.09 . . . In determining that the signed release barred suit in this case, the trial court found that section 549.09 . . . from the definition of negligence for injuries occurring in the nonspectator areas of the facility. § 549.09 . . . reply to DIS's and ISC's affirmative defenses was not required to make the applicability of section 549.09 . . . See § 549.09(1)(a), (2), Fla. Stat. (2013) ; U.S. . . .

HILL, v. ACCOUNTS RECEIVABLE SERVICES, LLC,, 888 F.3d 343 (8th Cir. 2018)

. . . Accounts Receivable violated these provisions by attempting to collect interest under Minnesota Statutes § 549.09 . . .

D. ADAMS, v. TOYOTA MOTOR CORPORATION U. S. A. a v. U. S. A. v. U. S. A. D. v. U. S. A. a v. U. S. A. a v. U. S. A. v. U. S. A., 867 F.3d 903 (8th Cir. 2017)

. . . . § 549.09 on plaintiff Bridgette Trice’s damages award. . . . Section 549.09 reads, in relevant part: Subdivision 1. . . . Ann. § 549.09. . . . Ann. § 549.09, subd. 1(b)(2); see Baufield v. Safelite Glass Corp., 831 F.Supp. 713, 719 (D. . . . There is no inherent conflict between § 549.09 subdivision 1(a) and § 549.09 subdivision 1(b)(2), However . . .

HOUSING AND REDEVELOPMENT AUTHORITY OF REDWOOD FALLS, v. HOUSING AUTHORITY PROPERTY INSURANCE,, 864 F.3d 986 (8th Cir. 2017)

. . . Because the Minnesota Supreme Court subsequently ruled that Minnesota Statute section 549.09 provides . . . HRA argued that, under section 549.09, it was entitled to interest of 10 percent per year on the actual . . . Section 549.09 is Minnesota’s general prejudgment interest statute. . . . Stat. § 549.09, subd. 1(b). . . . Thus, the court held that the insured may recover pre-award interest under section 549.09. . . .

AVON STATE BANK, v. BANCINSURE, INC. v., 787 F.3d 952 (8th Cir. 2015)

. . . . § 549.09 (“Except as otherwise provided by contract ... preverdict ... interest on pecuniary damages . . .

S. EWALD, v. ROYAL NORWEGIAN EMBASSY,, 82 F. Supp. 3d 871 (D. Minn. 2014)

. . . . § 549.09. 94. . . .

LAND O LAKES PURINA FEED LLC, v. JAEGER,, 976 F. Supp. 2d 1073 (S.D. Iowa 2013)

. . . The Minnesota Code governs but § 549.09(1) only dictates the interest rate for judgements that are not . . .

GENERAL MILLS OPERATIONS, LLC, v. FIVE STAR CUSTOM FOODS, LTD., 845 F. Supp. 2d 975 (D. Minn. 2012)

. . . Minn.Stat. § 549.09, subd. 1(b). . . . Although the phrase “written notice of claim” is not defined in Section 549.09, it is both clear and . . . Stat. § 549.09 as a demand for payment.” Flint Hills Res. LP v. . . . Yet, Section 549.09 does not require that damages be calculable at the time a written demand is made. . . . Minn.Stat. § 549.09, subd. 1(c) (2008). . . .

OWATONNA CLINIC- MAYO HEALTH SYSTEM, v. MEDICAL PROTECTIVE COMPANY OF FORT WAYNE, INDIANA,, 639 F.3d 806 (8th Cir. 2011)

. . . . § 549.09, which contains strictures not present in § 60A.0811, subd. 2; the latter statute was enacted . . .

MATTHEW, M. D. v. UNUM LIFE INSURANCE COMPANY OF AMERICA,, 639 F.3d 857 (8th Cir. 2011)

. . . . § 549.09. . . . . Stat. § 549.09. . . .

CAPELLA UNIVERSITY, INC. v. EXECUTIVE RISK SPECIALTY INSURANCE COMPANY, J. Co. J., 617 F.3d 1040 (8th Cir. 2010)

. . . . § 549.09, subd. 1 to provide prejudgment interest in most cases.” Solid Gold Realty, Inc. v. . . . Similar to 28 U.S.C. § 1961, Minnesota Statute § 549.09 employs the mandatory language “shall.” . . . June 28, 2005) (noting mandatory language “shall” and interpreting Minnesota Statute § 549.09 to provide . . . It was settled law before the 1984 amendments to Section 549.09 that where defense costs are awarded . . . Notably, Minnesota Statute § 549.09 distinguishes between prejudgment interest and preverdict interest . . .

BEST BUY STORES, L. P. v. DEVELOPERS DIVERSIFIED REALTY CORPORATION, LP, DDR MDT LLC, DDRA LLC, DDR LLC, DDRA LP, DDR MDT LP, DDR MDT LLC, DDR MDT LLC, DDR MDT LLC, DDR II, LP, DDRC PDK LLC, DDR MDT LLC, DDR MDT LLC, JDN JDN BG III, LLC, 715 F. Supp. 2d 871 (D. Minn. 2010)

. . . Because the Minnesota Supreme Court has not decided whether § 334.01 or § 549.09 applies in a breach . . . Id. § 549.09. . . . Id. § 549.09(c). Minnesota courts distinguish § 334.01 from § 549.09. . . . Accordingly, the Minnesota Court of Appeals applied § 549.09 to a breach of an insurance contract. . . . See Minn.Stat. § 549.09(b). . . .

OWATONNA CLINIC- MAYO HEALTH SYSTEM, v. MEDICAL PROTECTIVE COMPANY OF FORT WAYNE, INDIANA,, 714 F. Supp. 2d 966 (D. Minn. 2010)

. . . Both statutes lack the “except as otherwise provided by contract” exception of § 549.09. . . . Unlike § 549.09, interest under § 60A.0811 is not purely compensatory, but encourages settlement. . . . Section 549.09 states: "Except as otherwise provided by contract or allowed by law, preverdict, preaward . . . Minn.Stat. § 549.09 subdiv. 1(b). . . . . Thus, even if the uninsured-motorist cases under § 549.09 applied to the present case, the statute would . . .

E. HAGER, v. LIVE NATION MOTOR SPORTS, INC., 665 F. Supp. 2d 1290 (S.D. Fla. 2009)

. . . bars recovery for gross negligence in this situation is unenforceable because of Florida Statute § 549.09 . . . Stat. § 549.09(1)(a). . . .

ANCHOR WALL SYSTEMS, v. ROCKWOOD RETAINING WALLS, INC. R. P. GLS, 610 F. Supp. 2d 998 (D. Minn. 2009)

. . . . § 549.09(c). . . .

Dr. HINZ v. NEUROSCIENCE, INC., 538 F.3d 979 (8th Cir. 2008)

. . . . § 549.09; 28 U.S.C. § 1961. . . . .

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, v. COMPAQ COMPUTER CORPORATION, St. v., 539 F.3d 809 (8th Cir. 2008)

. . . . § 549.09, which governs the award of prejudgment interest in this diversity case, the purpose of prejudgment . . . Minn.Stat. § 549.09 is Minnesota’s prejudgment interest statute, and post judgment interest in a diversity . . .

In SRC HOLDING CORPORATION, f k a v. LLP, F. v. LLP, v. LLP,, 364 B.R. 1 (D. Minn. 2007)

. . . with the Tribe), and prejudgment interest on said sum as calculated pursuant to Minnesota Statute § 549.09 . . . that the Court award prejudgment interest on said sum as calculated pursuant to Minnesota Statute § 549.09 . . . Stat. § 549.09, commencing on October 3, 2003, and concluding on the date of entry of judgment. . . .

SCHWAN S SALES ENTERPRISES, INC. v. SIG PACK, INC., 476 F.3d 594 (8th Cir. 2007)

. . . . § 549.09. . . . Minn.Stat. § 549.09. . . .

MINNESOTA SUPPLY COMPANY, a v. RAYMOND CORPORATION, a, 472 F.3d 524 (8th Cir. 2006)

. . . . § 549.09. . . . See Minn.Stat. § 549.09. . . . The District Court then performed its own calculation of prejudgment interest pursuant to MinmStat. § 549.09 . . . not take issue with the District Court’s mathematical computations performed in applying Minn.Stat. § 549.09 . . .

In SRC HOLDING CORPORATION, a k a F. v. LLP, a v. LLP, a, 352 B.R. 103 (Bankr. D. Minn. 2006)

. . . As for Bremer’s claim for contract interest, Minnesota Statute § 549.09, subdivision 1(b) provides, in . . . STAT. § 549.09 subd. 1(b). . . . The Trustee and Marshall are also entitled to prejudgment interest pursuant to Minnesota Statute § 549.09 . . . STAT. § 549.09 subd. 1(b)(3). In Perl v. St. . . . with the Tribe), and prejudgment interest on said sum as calculated pursuant to Minnesota Statute § 549.09 . . .

T. CAIN, v. L. BANKA, II,, 932 So. 2d 575 (Fla. Dist. Ct. App. 2006)

. . . The defendant additionally relied below on section 549.09, Florida Statutes, as barring this action. . . . Section 549.09 entitled, “Motorsport Non-Spectator Liability Release” provides under subsection (2): . . .

WILDLIFE RESEARCH CENTER, INC. v. ROBINSON OUTDOORS, INC. f k a, 409 F. Supp. 2d 1131 (D. Minn. 2005)

. . . However, Wildlife is entitled to prejudgment interest pursuant to Minnesota statute section 549.09. . . . Minn.Stat. § 549.09, subd. 1(b). . . . Minn.Stat. § 549.09, subd. 1(c). . . .

MARVIN LUMBER AND CEDAR COMPANY v. PPG INDUSTRIES, INC. v. PPG, 401 F.3d 901 (8th Cir. 2005)

. . . Resolution of the ■ preverdict interest matter turns on the interpretation of section 549.09 of the Minnesota . . . What must be considered, however, is that section 549.09 is an interest statute. . . . Minnesota courts that have examined section 549.09 are in accord. . . . Indeed, the court’s interpretation of section 549.09 exceeds what is necessary to encourage settlement . . . Based on a plain reading of section 549.09 of the Minnesota statutes, Minnesota’s rules of statutory . . . Minn.Stat. § 549.09, subd. 1(b) (emphasis added). . . . (explaining legislative purpose of § 549.09 in applying provision for preverdict interest to damages . . . (quoting Minn.Stat. § 549.09, subd. 1(b) (1990)). . . . We conclude that the Minnesota Supreme Court would read the plain language of § 549.09 and hold that . . . The 1990 version of § 549.09, subdivision 1(b), has been amended but is the same in relevant part as . . .

AMTRUST, INCORPORATED, a v. C. LARSON,, 388 F.3d 594 (8th Cir. 2004)

. . . . § 549.09. . . . .

AMTRUST, INCORPORATED, a v. C. LARSON,, 388 F.3d 594 (8th Cir. 2004)

. . . . § 549.09. . . . .

KENNEDY BUILDING ASSOCIATES, v. VIACOM, INC. CBS, 375 F.3d 731 (8th Cir. 2004)

. . . . § 549.09, subd. 1(b). . . . Ann. § 549.09 stopping the accrual of interest. Cf. Hodder v. . . .

CHILDREN S BROADCASTING CORPORATION, a v. THE WALT DISNEY COMPANY, a ABC a, 357 F.3d 860 (8th Cir. 2004)

. . . . § 549.09(l)(b) (West Supp. 2004). . . . Id. § 549.09(l)(b)(2). 1. . . . In interpreting section 549.09, this court previously explained the status of Minnesota law: “Prior to . . . We then noted, “In 1984, however, § 549.09 was amended to provide that ‘[t]he prevailing party shall . . . Ann. § 549.09) (alternations in original). . . .

ARCHER DANIELS MIDLAND COMPANY, v. AON RISK SERVICES, INC. OF MINNESOTA,, 356 F.3d 850 (8th Cir. 2004)

. . . . § 549.09, subd. 1(b) (2002). . . . Aon claims the September 5, 2001 letter constituted a written offer of settlement under § 549.09. . . . stated that Aon’s settlement offers were not in writing and were, therefore, invalid for purposes of § 549.09 . . . In order for an offer to be valid under § 549.09, it “must be in writing and must offer, in sufficiently . . . ) (rejecting the argument that a court-imposed stipulation amounted to an offer within meaning of § 549.09 . . .

SPHERE DRAKE INSURANCE PLC, a a a St. a a v. TRISKO, a PLC, a a a St. a a v. a, 226 F.3d 951 (8th Cir. 2000)

. . . . § 549.09 (2000). . . . See Minn.Stat. § 549.09, subd. 1(c) (2000). . . . governing statute provides that prejudgment interest “shall be computed as simple interest per annum.” § 549.09 . . .

E. DUFFY, v. W. LANDBERG, a M. v. W. a G. v. W. a, 215 F.3d 871 (8th Cir. 2000)

. . . acknowledged the charges were “slightly inaccurate” according to the percentage rates in Minnesota Statute § 549.09 . . . Under the rates in section 549.09, the interest charges were overstated by $1.29 for Hacken, $1.84 for . . .

M. PICHT M. v. R. HAWKS, E. R., 77 F. Supp. 2d 1041 (D. Minn. 1999)

. . . the check, whichever is greater; (2) interest at the rate payable on judgments pursuant to section 549.09 . . .

LAKEHEAD PIPE LINE COMPANY, INC. v. AMERICAN HOME ASSURANCE COMPANY,, 981 F. Supp. 1205 (D. Minn. 1997)

. . . figures of these subscription shares to reflect prejudgment interest, see, Minnesota Statutes Section 549.09 . . .

A. SIMEONE, v. FIRST BANK NATIONAL ASSOCIATION, St., 73 F.3d 184 (8th Cir. 1996)

. . . . § 549.09. . . . In 1984, however, § 549.09 was amended to provide that “[t]he prevailing party shall receive interest . . . Minn.Stat. § 549.09. . . .

T. H. S. NORTHSTAR ASSOCIATES, v. W. R. GRACE AND COMPANY,, 66 F.3d 173 (8th Cir. 1995)

. . . . § 549.09 is mooted by our decision that the compensatory damage award must be reduced by THS’s percentage . . .

In ANDERSON, CHECK CONTROL, INC. v. ANDERSON,, 181 B.R. 943 (Bankr. D. Minn. 1995)

. . . . § ] 549.09 on the face amount of the check from the date of dishonor; and (3) reasonable attorney fees . . .

DIOCESE OF WINONA, a v. INTERSTATE FIRE CASUALTY COMPANY s, ARCHDIOCESE OF SAINT PAUL AND MINNEAPOLIS v. UNDERWRITERS AT LLOYD S LONDON, 916 F. Supp. 923 (D. Minn. 1995)

. . . . § 549.09. . . . made its payment to the pool on December 16, 1991, it is owed prejudgment interest under Minn.Stat. § 549.09 . . . Surety Company is entitled to judgment, along with additional interest as allowed under Minn.Stat. § 549.09 . . . Insurance Company are entitled to judgment, along with additional interest as allowed under Minn.Stat. § 549.09 . . . Casualty Company is entitled to judgment, along with additional interest as allowed under Minn.Stat. § 549.09 . . .

In COUNTRY CLUB MARKET, INC. DAIRY FRESH FOODS, INC. v. E. RAMETTE,, 175 B.R. 1011 (Bankr. D. Minn. 1994)

. . . . § 549.09 subd. 1. . . .

DIOCESE OF WINONA, a v. INTERSTATE FIRE CASUALTY COMPANY s, ARCHDIOCESE OF SAINT PAUL AND MINNEAPOLIS v. UNDERWRITERS AT LLOYD S, LONDON, 858 F. Supp. 1407 (D. Minn. 1994)

. . . . § 549.09 (1993) from that date through the date judgment is entered in this matter. . . . Surety Company is entitled to judgment, along with additional interest as allowed under Minn.Stat. § 549.09 . . . Casualty Company is entitled to judgment, along with additional interest as allowed under Minn.Stat. § 549.09 . . .

T. H. S. NORTHSTAR ASSOCIATES, a v. W. R. GRACE CO. CONN. a Co., 860 F. Supp. 640 (D. Minn. 1994)

. . . NORTHSTAR’S MOTION FOR PREJUDGMENT INTEREST Northstar moves, pursuant to Minnesota Statute section 549.09 . . . Under section 549.09 subd. 1(b)(2), however, a court may not award interest on future damages, or $2,880 . . .

ARMACOST, v. AMICA MUTUAL INSURANCE COMPANY,, 11 F.3d 267 (1st Cir. 1993)

. . . . § 549.09, subd. 1(b) (West Supp. 1993); Mo.Ann.Stat. § 408.040.2 (Vernon 1990); Ohio Rev.Code Ann. . . .

NORTHWEST AIRLINES, INC. v. FLIGHT TRAILS S Co. L., 3 F.3d 292 (8th Cir. 1993)

. . . . § 549.09, under which prejudgment interest runs only from the beginning of the judicial proceeding. . . . claims that § 334.01 applies only to judgments before July 1,1984, since that is when the amendment to § 549.09 . . . Co., 430 N.W.2d 242, 252 (Minn.App.1988), that § 549.09 was not intended to disturb the existing law . . .

BAUFIELD, v. SAFELITE GLASS CORPORATION,, 831 F. Supp. 713 (D. Minn. 1993)

. . . . § 549.09, subd. 1(b), Baufield seeks an award of prejudgment interest in the amount of $17,841.47, . . . See id. § 549.09, subd. 1(b)(3). . . . . § 549.09, subd. 1(b) provides that “[e]xcept as otherwise provided by contract or allowed by law, preverdict . . . pre-judgment interest is available on a final judgment and is calculated according to Minn.Stat. § 549.09 . . . Stat. § 549.09, subd.' 1(b)(1)—(5) sets forth specific judgments for which preverdiet interest may not . . .

UFE INCORPORATED, v. METHODE ELECTRONICS, INC. Co., 808 F. Supp. 1407 (D. Minn. 1992)

. . . . § 549.09, which states that "the interest shall be computed as simple interest per annum.” . . .

BURSCH v. BEARDSLEY PIPER, a DIVISION OF PETTIBONE CORP. BEARDSLEY PIPER, a DIVISION OF PETTIBONE CORP. v. DeZURIK, a DIVISION OF GENERAL SIGNAL MANUFACTURING CORP. a, 971 F.2d 108 (8th Cir. 1992)

. . . . § 549.09 (West Supp.1992); Lienhard v. State, 431 N.W.2d 861, 865 (Minn.1988). . . .

BURSCH v. BEARDSLEY PIPER, a DIVISION OF PETTIBONE CORP. BEARDSLEY PIPER, a DIVISION OF PETTIBONE CORP. v. DeZURIK, a DIVISION OF GENERAL SIGNAL MANUFACTURING CORP. a, 971 F.2d 108 (8th Cir. 1992)

. . . . § 549.09 (West Supp.1992); Lienhard v. State, 431 N.W.2d 861, 865 (Minn.1988). . . .

FRUMKIN, v. MAYO CLINIC, FRUMKIN, v. MAYO CLINIC,, 965 F.2d 620 (8th Cir. 1992)

. . . . § 549.09 subd. 1(b) (1990) (amended effective July 1, 1991) allows for prejudgment interest on “pecuniary . . . Minn.Stat. § 549.09 subd. 1(b) was amended during the pendency of this lawsuit to prohibit the award . . . See Minn.Stat.Ann. § 549.09, Historical Note (1988) (discussion of 1986 amendment). . . .

ANOKA ORTHOPAEDIC ASSOCIATES, P. A. P. A. P. A. Dr. J. Dr. E. Dr. H. v. G. MUTSCHLER G. J. LECHNER E. J. J. D. v. Dr. J. COOLEY Dr. E. Dr. H. Mr. E. P. A., 773 F. Supp. 158 (D. Minn. 1991)

. . . Section 549.09 provides that the prevailing party in a lawsuit may recover prejudgment interest. . . .

COCA- COLA BOTTLING COMPANY OF ELIZABETHTOWN, INC. v. COCA- COLA COMPANY, a, 769 F. Supp. 599 (D. Del. 1991)

. . . . § 549.09 (prejudgment interest available from commencement of action or date of first written settlement . . .

BURSCH v. BEARDSLEY PIPER, A DIVISION OF PETTIBONE CORP. BEARDSLEY PIPER, A DIVISION OF PETTIBONE CORP. v. DeZURIK, A DIVISION OF GENERAL SIGNAL MANUFACTURING CORP., 762 F. Supp. 1347 (D. Minn. 1991)

. . . . § 549.09 provides that “pre-verdict or pre-report interest on pecuniary damages shall be computed as . . . There, the appellate court held the enactment of § 549.09 expressed legislative intent “that courts award . . . DeZurik asserts that Germann is inapplicable because it was decided prior to a 1986 amendment of § 549.09 . . . See Minn.Stat. § 549.09 subd. 1(b)(3). . . . The Court finds that neither Minn.Stat. § 549.09 nor the equities involved in this case warrant an award . . .

GOPHER OIL COMPANY, INC. a v. UNION OIL COMPANY OF CALIFORNIA, a, 757 F. Supp. 988 (D. Minn. 1990)

. . . . § 549.09. . . .

In MELBOURNE, a k a MILBOURNE, a k a v. MID- PENN CONSUMER DISCOUNT COMPANY,, 108 B.R. 522 (Bankr. E.D. Pa. 1989)

. . . refinanced both loans and obtained a seventh loan from Mid-Penn on May 22, 1986, in the amount of $549.09 . . . 178.85(D) 20 2069.92 27.70 48 5184 9/17/85 531.95 13.22(L) + 37.72(D) 20 292.48 23.76 24 1392 5/22/86 549.09 . . . 8/29/85 541.75 864.00 refinanced 4/11/85 loan 9/17/85 531.91 406.00 refinanced 4/23/85 loan 5/22/86 549.09 . . .

In TOTAL TRANSPORTATION, INC. F. MILLER, v. HAVE- A- PORTION, INC., 98 B.R. 954 (Bankr. D. Minn. 1989)

. . . . § 549.09(c). . . . See Minn.Stat. § 549.09(b). THEREFORE, IT IS HEREBY ORDERED that: 1. . . .

L. PHILLIPS, L. L. v. MERRILL LYNCH, PIERCE, FENNER SMITH, INC. M., 623 F. Supp. 493 (D. Minn. 1985)

. . . . § 549.09; defendants argue that Minn.Stat. § 334.01 mandates 6% interest. . . . Thompson-Yaeger, Inc., 258 N.W.2d 762 (Minn.1977), however, the Minnesota Supreme Court held that § 549.09 . . . For similar reasons, the court finds that Minn.Stat. § 549.09 governs the issue at bar. . . . Zotos International, Inc., 622 F.2d 373 (8th Cir.1980) (citing Pacific Indemnity) (Minn.Stat. § 549.09 . . .

BITRONICS SALES COMPANY, INC. a v. MICROSEMICONDUCTOR CORPORATION, a, 610 F. Supp. 550 (D. Minn. 1985)

. . . . § 549.09, subd. 1(c) through February 4,1985; and “prior to the applicable date” for interest at six . . .

J. SCHUMANN, d b a v. F. LEVI,, 728 F.2d 1141 (8th Cir. 1984)

. . . . § 549.09. . . . Section 549.09 provides that postjudgment interest shall be computed at the rate set by the Court Administrator . . .

TAYLOR B. v. RAYGO, INC., 680 F.2d 1223 (8th Cir. 1982)

. . . . § 549.09 Subd. 1. . . .

UNIQUE SYSTEMS, INC. F. v. ZOTOS INTERNATIONAL, INC., 622 F.2d 373 (8th Cir. 1980)

. . . . § 549.09 provides: When a judgment is for recovery of money, including a judgment for the recovery . . . The Court held that under § 549.09 interest is to be computed upon an award of damages by a court-appointed . . . Plaintiffs correctly point out that had Judge Lord followed Minn.Stats. § 549.09 literally they would . . .

WARNER LAMBERT PHARMACEUTICAL COMPANY v. H. SYLK, 348 F. Supp. 1039 (E.D. Pa. 1971)

. . . Lambert Products Division $66,412.60 American Chicle Company Division 3,909.75 Lactona Products Division 549.09 . . .