United States Ninth Circuit

When the circuit court modifies or reverses a judgment with a direction that a particular money judgment be entered on remand, and its mandate does not contain instructions about the allowance of post-judgment interest, case precedent and Federal Rule of Appellate Procedure 37(b) forbids a district court to award post-judgment interest from the date of the original judgment, even when such an award would otherwise be appropriate. In such circumstances, 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. In long running litigation brought by physicians and two clinics that provide women medical services, including abortions, against the American Coalition of Life Activists and others, the circuit court recalls its mandate in an earlier opinion so as to permit an award of post-judgment interest for plaintiffs from the date of the original judgment.

Appellate Information

• Argued 11/06/2007
• Decided 02/11/2008
• Published 02/11/2008

Judges

• FISHER, Circuit Judge:, Before:  EDWARD LEAVY, RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Maria T. Vullo (argued), Julie Fink, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Seattle, WA;  Carol J. Bernick, Davis Wright Tremaine, LLP, Portland, OR;  Roger K. Evans, Planned Parenthood Federation of America, Inc., New York, NY, for the plaintiffs-appellees., Christopher A. Ferrara (argued), American Catholic Lawyers Association, Fairfield, NJ;  Richard Thompson, Thomas More Law Center, Ann Arbor, MI, for the defendants-appellants.