(8th Cir., Filed Feb. 21, 2017): Arguing that above -
market prejudgment interest should not be included in the denominator when calculating the ratio of punitive to compensatory damages.
If the Court concludes that some amount of
prejudgment interest should be included in the denominator of the ratio, it should use a
market rate for determining the amount and add the balance of the
prejudgment interest - the effect of which is entirely punitive - to the numerator.