Adams v. Lindblad Travel, Inc

In Adams v. Lindblad Travel, Inc., 730 F.2d 89 (2d Cir.1984), the Court reversed and remanded the damage award in a breach of contract action for a redetermination of damages. Although the plaintiff had neglected at trial to ask the District Court for an award of pre-judgment interest, the Court, citing Newburger, Loeb & Co. v. Gross, 611 F.2d 423 (2d Cir.1979), held that the plaintiff could seek pre-judgment interest on remand, stating that "since we are remanding this case for a redetermination of damages, the parties have no legitimate expectation that the issues relating to the ultimate award have been finally decided." (Adams, 730 F.2d at 93.)