Sheila Lynn Erwin, Appellant and Cross-Appellee v. William H. Mendenhall, Appellee and Cross-Appellant.

Summary

The Alaska Supreme Court affirmed the superior court’s use of prejudgment interest, rather than claimed investment earnings, to compensate Erwin for the period during which Mendenhall improperly retained mutual-fund shares. The court held that Erwin failed to provide a reasonably certain evidentiary basis for calculating lost profits and waived an evidentiary hearing by not requesting one before the ruling. It also upheld enhanced attorney’s fees because Mendenhall’s conduct was vexatious and in bad faith.