Kaiser Aluminum & Chemical Corp. v. Bonjorno

494 U.S. 827, 110 S. Ct. 1570, 108 L. Ed. 2d 842, 1990 U.S. LEXIS 2024
CourtSupreme Court of the United States
DecidedJune 4, 1990
Docket88-1595
StatusPublished
Cited by1,043 cases

This text of 494 U.S. 827 (Kaiser Aluminum & Chemical Corp. v. Bonjorno) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kaiser Aluminum & Chemical Corp. v. Bonjorno, 494 U.S. 827, 110 S. Ct. 1570, 108 L. Ed. 2d 842, 1990 U.S. LEXIS 2024 (1990).

Opinions

Justice O’Connor

delivered the opinion of the Court. We are called upon in these cases to decide the applicable rate of postjudgment interest and the date from which post-judgment interest should be calculated pursuant to the federal postjudgment interest statute. 28 U. S. C. § 1961 (1982 ed.) (amended).

I

Respondents (Bonjorno) were the sole stockholders of now defunct Columbia Metal Culvert Co., Inc., which was at one time a fabricator of aluminum drainage pipe in Vineland, New Jersey. Bonjorno brought suit against petitioners (Kaiser) in the United States District Court for the Eastern District of Pennsylvania on the theory that Kaiser had monopolized the market for aluminum drainage pipe in the Mid-Atlantic region of the United States in violation of the Sherman Act. 26 Stat. 209, as amended, 15 U. S. C. §§ 1 and 1px solid var(--green-border)">2.

At the first trial, the District Court entered a directed verdict for Kaiser. The Court of Appeals for the Third Circuit reversed, holding that there was sufficient evidence for the case to go to the jury. Columbia Metal Culvert Co. v. Kaiser Aluminum & Chemical Corp., 579 F. 2d 20, 37 (1978). [830]*830On August 21, 1979, a second trial resulted in a jury verdict in Bonjorno’s favor in the trebled amount of $5,445,000. The judgment was entered on August 22, 1979. The District Court held that the evidence did not support the jury’s damages award and granted Kaiser’s motion for a new trial as to damages only. Bonjorno v. Kaiser Aluminum & Chemical Corp., 518 F. Supp. 102, 109, 119 (ED Pa. 1981). A limited retrial on damages resulted in a jury award on December 2, 1981, in the trebled amount of $9,567,939. Judgment was entered on December 4, 1981. On January 17,1983, the District Court granted Kaiser’s motion for judgment notwithstanding the verdict as to a portion of the damages awarded by the jury. Bonjorno v. Kaiser Aluminum & Chemical Corp., 559 F. Supp. 922 (ED Pa.). Bonjorno appealed the reduction in damages, and the Court of Appeals reversed the District Court’s partial grant of Kaiser’s motion for judgment notwithstanding the verdict as to damages, vacated the judgment, and reinstated and affirmed the judgment entered on December 4, 1981. Bonjorno v. Kaiser Aluminum & Chemical Corp., 752 F. 2d 802, 815 (CA3 1984). Kaiser’s petition for rehearing in banc was denied, 1985-1 CCH Trade Cases ¶ 66,551 (CA3 1985), as was its subsequent petition for certiorari to this Court. Kaiser Aluminum & Chemical Corp. v. Bonjorno, 477 U. S. 908 (1986).

The Court of Appeals did not refer in its opinion to the allowance of postjudgment interest; Bonjorno petitioned the Court of Appeals for instructions regarding interest to be included in the mandate pursuant to Federal Rule of Appellate Procedure 37, which permits courts of appeals to direct payment of interest commencing with the entry of judgment in the district court unless otherwise provided by law. Before the Court of Appeals could rule on the petition, the parties entered into a stipulation providing that the District Court first address all issues of interest allowable under 28 U. S. C. § 1961 and Federal Rule of Appellate Procedure 37. The Court of Appeals approved the stipulation and certified the [831]*831judgment in lieu of a formal mandate. On July 1, 1986, the mandate of the Court of Appeals, stayed pending disposition of Kaiser’s petition for a writ of certiorari with this Court, was issued to the District Court. On July 3, 1986, Kaiser paid Bonjorno $9,567,939, the trebled amount of damages awarded by the jury on December 2, 1981.

The federal statute governing awards of postjudgment interest in effect at the time Bonjorno filed the complaint on January 17, 1974, and until October 1, 1982, provided:

“Interest shall be allowed on any money judgment in a civil case recovered in a district court. Execution therefor may be levied by the marshal, in any case where, by the law of the State in which such court is held, execution may be levied from interest on judgments recovered in the courts of the. State. Such interest shall be calculated from the date of the entry of judgment, at the rate allowed by State law.” 28 U. S. C. § 1961 (1976 ed.).

On April 2, 1982, Congress passed the Federal Courts Improvement Act of 1982, Pub. L. 97-164, 96 Stat. 25, § 302 of which amended 28 U. S. C. § 1961. To permit courts and the bar to prepare themselves for the changes wrought by the Act, Congress delayed its effective date by six months to October 1, 1982. § 402, 96 Stat. 57. The amended version provides:

“(a) Interest shall be allowed on any money judgment in a civil case recovered in a district court. Execution therefor may be levied by the marshal, in any case where, by the law of the State in which such court is held, execution may be levied for interest on judgments recovered in the courts of the State. Such interest shall be calculated from the date of the entry of the judgment, at a rate equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of fifty-two week United States Treasury bills settled immedi[832]*832ately prior to the date of the judgment. The Director of the Administrative Office of the United States Courts shall distribute notice of that rate and any changes in'it to all Federal judges.
“(b) Interest shall be computed daily to the date of payment except as provided in section 2516(b) of this title and section 1304(b) of title 31, and shall be compounded annually.” 28 U. S. C. § 1961 (1982 ed.).

The District Court held that 28 U. S. C. § 1961 required interest to be calculated from December 2, 1981, the date of the damages verdict on which the correct judgment would have been entered but for the District Court’s erroneous partial grant of judgment notwithstanding the verdict. App. to Pet. for Cert. A-31, A-36 to A-41. See Poleto v. Consolidated Rail Corp., 826 F. 2d 1270, 1280 (CA3 1987) (interest calculated from date of verdict rather than judgment); Institutionalized Juveniles v. Secretary of Public Welfare, 758 F. 2d 897, 927 (CA3 1985) (interest calculated from date correct award would have been entered but for the District Court’s error).

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Cite This Page — Counsel Stack

Bluebook (online)
494 U.S. 827, 110 S. Ct. 1570, 108 L. Ed. 2d 842, 1990 U.S. LEXIS 2024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaiser-aluminum-chemical-corp-v-bonjorno-scotus-1990.