How does a trial judge determine a discount rate when calculating a lump sum of damages?
MultiRegion, United States of America
The following excerpt is from McCarthy v. U.S., 870 F.2d 1499 (9th Cir. 1989):
Trevino v. United States, 804 F.2d at 1519 (internal citations omitted). The choice of which method to employ is left to the trial judge, who must explain the choice he adopted. Shaw v. United States, 741 F.2d 1202, 1207 (9th Cir.1984). Once the trial judge chooses a discount rate, he must "apply it to each of the estimated annual installments, and then add up the discounted installments to compute the award." Id. (emphasis in original).
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