Nine Year Delay Does Not Trigger Laches But Does Preclude Award of Prejudgment Interest

Defendant's motion for prejudgment interest was denied for undue delay. "[Plaintiff] argues that [defendant] is not entitled to prejudgment interest because it delayed bringing this lawsuit for nearly a decade and did so as a counterclaim only after [plaintiff] brought suit against [defendant]. . . . As detailed in the Court’s Opinion on [plaintiff's] laches motion [defendant] unreasonably delayed bringing this suit for nine years. Although in the end the Court concluded that the delay did not result in any prejudice to [plaintiff], the delay was nevertheless undue and provides a justification for withholding prejudgment interest."

Humanscale Corp. v. CompX International Inc. et al., 3-09-cv-00086 (VAED August 23, 2010, Memorandum & Opinion) (Spencer, J.)