Mioli

Mioli v. Wal-Mart Stores, Inc.

Good Law
7 F. App'x 626
United States Court of Appeals for the Ninth CircuitMarch 22, 2001No. 99-17131; D.C. No. CV-97-00668-LRLCalifornia439 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff-Appellant Lilly Mioli appeals from the district court’s order denying her motion for prejudgment interest and awarding Wal-Mart Stores, Inc. (hereinafter “Wal-Mart”) costs pursuant to Fed. R.Civ.P. 68. We affirm the district court’s denial of prejudgment interest, but vacate the district court’s award of costs to WalMart.

Mioli contends that the district court erred in denying her motion for prejudgment interest because Wal-Mart’s offer of judgment specifically included interest. Mioli’s argument that the terms of the offer conferred a substantive entitlement to prejudgment interest fails because “[i]n diversity jurisdiction, state law governs all awards of pre-judgment interest.” Mutuelles Unies v. Kroll & Linstrom, 957 F.2d 707, 714 (9th Cir.1992). Accordingly, the district court did not err by applying Nevada law to determine Mioli’s entitlement to prejudgment interest. Mioli does not contend that the district court erred in its application of Nevada law. Thus, we affirm the district court’s denial of Mioli’s motion for prejudgment interest.

Similarly, Mioli contends that the district court erred in denying her motion for taxable costs. This contention…

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