Tru-Art Sign Co., Inc. v. Local 137 Sheet Metal Workers Int'l Ass'n, No. 15-3415 (2d Cir. 2017)Annotate this Case
Tru-Art appealed the district court's order denying its motion for interest and costs. After a jury trial, the district court entered judgment for Tru-Art. On appeal, this court affirmed the finding of liability, vacated the damages award, and remanded for a new trial on damages or, in the alternative, for the district court to offer Tru-Art a remittitur. Tru-Art chose a remittitur and then filed a motion for costs as well as prejudgment and postjudgment interest. The court affirmed the district court's denial of interests and costs, finding that Tru-Art's motion for prejudgment interest was untimely under Federal Rule of Civil Procedure 59(e) and that Tru‐Art waived its claim for costs pursuant to Local Civil Rule 54.1 of the Eastern District of New York. The court vacated the district court's order to the extent it denied postjudgment interest pursuant to 28 U.S.C. 1961, remanding for the district court to calculate and award such interest.