Peter Rankin and Andrew Tepperman wrote an article entitled “Avoiding Windfalls: The Basic Economics of Prejudgment Interest,” which appeared in the July-September 2013 issue of Corporate Disputes, a Financier Worldwide online magazine. In the article, they discuss translating a damages award for conduct that occurred in the past into present-day value.
Calculating damages in IEEPA tariff refund litigation
But it did not resolve a harder question: Who bore their economic cost? That distinction is now driving two parallel waves of private litigation: commercial...