DeLong Equipment Co. v. Washington Mills Electro Minerals Corp.

997 F.2d 1340, 26 Fed. R. Serv. 3d 383, 1993 U.S. App. LEXIS 20818, 1993 WL 286072
Court of Appeals for the Eleventh Circuit·Decided July 29, 1993·No. No. 92-8049·Published·Cited by 4 cases

Opinion

PER CURIAM.

On May 17, 1993, we issued an opinion in this case reversing the district court’s grant of a new trial on Sherman Act antitrust and common law fraud claims, 990 F.2d 1186. That decision will result in the reinstatement of jury verdicts in favor of the plaintiff, De-Long Equipment Co. (“DeLong”), for $6,099,885 (after trebling) on the Sherman Act claim and for $117,824 on the common law claims.

Our original opinion contained no instructions to the district court concerning the award of postjudgment interest. Consequently, DeLong has moved that we amend the mandate to indicate that interest should be awarded from the date of the original judgment. We agree with DeLong that interest should accrue from September 20, 1990, the date of the original judgment, and amend our mandate accordingly.

DISCUSSION

Our ruling is guided by 28 U.S.C. § 1961 (1988), which states that postjudgment interest is mandatory, and by Rule 37 of the Federal Rules of Appellate Procedure, which states in relevant part that

[i]f a judgment is modified or reversed with a direction that a judgment for money be entered in the district court, the mandate shall contain instructions with respect to allowance of interest.

Awarding interest from the date of the district court judgment is the usual rule when that judgment is affirmed. Fed. R.App,P. 37. However, the default rule when an appellate court reinstates a vacated judgment is that interest accrues from the date of the judgment on remand. Briggs v. Pennsylvania R. Co., 334 U.S. 304, 68 S.Ct. 1039, 92 L.Ed. 1403 (1948). The Briggs Court reasoned that the district court had no power to award money not mentioned in the mandate, and so if instructed to reinstate a verdict it could award only the amount named in that verdict. Rule 37 codifies Briggs; the advisory committee stated that the rule “is a reminder to the court, the clerk and counsel of the Briggs rule”. See also 16 Wright & Miller, Fed. Pract. & Proc. § 3983 at 462-63 (1977).

While the default rule of Briggs and Rule 37 defines the limits of district court authority, it does not aid an appellate court in determining how to instruct a district court on the award of postjudgment interest. [1342] Much of the case law indicates that an appeals court has discretion to select an appropriate date from which interest should run. See, e.g., Affiliated Capital Corp. v. City of Houston, 793 F.2d 706, 709-10 (5th Cir.1986) (en banc) (awarding interest only from date of judgment on remand in antitrust case because case was weak, plaintiffs right to money not established until appeal final, and trebling eliminates concern that plaintiff is not fully compensated for loss if does not receive interest for the time between verdict and judgment).

In cases such as this one, which reinstate a jury verdict for the plaintiff, we think that equity ordinarily, and perhaps always, commands that interest be awarded from the date of the original judgment. There are several reasons for this. First, and most important, it is necessary to protect the integrity of the'jury verdict. The jury in this case awarded DeLong approximately $6 million as of September, 1990, not $6 million as of May, July or August, 1993. The value of six million September, 1990 dollars is not $6 million today, but what $6 million would have grown to in the interim. Since we have not held that the jury awarded DeLong more than it should have, we should not undermine the jury verdict by refusing to grant the interest necessary to maintain its value. We think DeLong might have a serious Seventh Amendment claim if we were to rule otherwise.

Secondly, we note that Washington Mills has been able to put the $6 million to use, presumably earning some sort of interest, for nearly three years since a jury found that it had violated the antitrust laws. It would receive a windfall if it were not to pay De-Long for use of the funds for this time— apparently a benefit worth roughly $1.5 million. That the district court erroneously set aside the earlier judgment should not result in a transfer of wealth from Washington Mills to its victim, DeLong. In short, the flip side of the potential windfall to Washington Mills would be a penalty to DeLong: as the First Circuit stated in a similar case, “[c]al-culating interest from the date of the second judgment would penalize [the plaintiff] for the trial judge’s error.” Cordero v. De Jesus-Mendez, 922 F.2d 11, 18 (1st Cir.1990).

Our reasoning is entirely consistent with Briggs and Rule 37. The only basis for the Briggs default rule was to establish the limits of district court authority: when faced with a mandate to award $x, a district court may not award $x plus interest from an earlier date. We eliminate this concern by instructing the district court to do exactly what logic, equity and perhaps the Seventh Amendment require: to award $x plus interest from the date of the earlier judgment. This reasoning is also consistent with prior precedent of the Fifth Circuit, still binding on this court. Woods Exploration & Producing Co. v. Aluminum Co. of Am., 509 F.2d 784 (5th Cir.1975) (interest should be awarded from “date judgment should properly have been entered”), cert. denied, 423 U.S. 833, 96 S.Ct. 59, 46 L.Ed.2d 52 (1975).1

Washington Mills, citing the Affiliated Capital case, argues that equity instead-supports an award of interest from the date of the judgment on remand. The company notes that (1) in a treble damages case, a plaintiff still is more than compensated for its losses; and (2) that, because the ease was difficult and DeLong’s right to the funds was not clear until the appellate judgment was issued, the delay was not a means of, or an effort to, transfer wealth from one party to the other.

We find neither of these arguments persuasive. First of all, the law does not exempt punitive damages from postjudgment interest. We think it would be odd indeed to hold, in the name of equity, that an antitrust wrongdoer should, merely because the dis[1343] trict court erred, be able to use the money it owes a plaintiff on account of having violated the antitrust laws to earn interest which will help blunt the sting of the treble damage award it must pay. Such a windfall, which would amount to some $1.5 million in this case, mocks the treble-damage punishment imposed by Congress and surely cannot be supported by resort to notions of “equity.”

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DeLong Equipment Co. v. Washington Mills Electro Minerals Corp., 997 F.2d 1340, 26 Fed. R. Serv. 3d 383, 1993 U.S. App. LEXIS 20818, 1993 WL 286072 (11th Cir. 1993).

997 F.2d 1340 (DeLong Equipment Co. v. Washington Mills Electro Minerals Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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