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Planned Parenthood v. American Coalition (9th Cir. - Feb. 11, 2008)

By Shaun Martin

Here's an entirely just and equitable opinion by Judge Fisher. As well as one that should command the attention of any civil appellate litigator in the Ninth Circuit.

The issue surrounds post-judgment interest after appellate damage remands. Something that, as here, can add up to a fairly substantial chunk of change.

It doesn't do justice to the entire opinion, which is definitely worth reading in its entirety, but I'll summarize the opinion merely by reproducing its money quote:

"Henceforth, we expect that litigants in this circuit will clearly understand that if we modify or reverse a judgment with a direction that a money judgment be entered in the district court, our mandate must contain instructions about the allowance of post-judgment interest. Fed. R. App. 37(b). If our mandate omits such instructions, a party that believes it is entitled to interest from a date other than the date of entry of judgment on remand must expeditiously seek reform of the mandate."

Message received.

Full post as published by California Appellate Report on February 11, 2008 (boomark / email).