Whittaker Corp. v. Jenkins

Supreme Court of the United States October 20, 1986

Whittaker Corp. v. Jenkins, 479 U.S. 918 (1986)

107 S. Ct. 324; 93 L. Ed. 2d 296; 55 U.S.L.W. 3276; 1986 U.S. LEXIS 4423

White, Whom

Opinion of the Court

C. A. 9th Cir. Certiorari denied.

Dissenting Opinion

Justice White, with whom The Chief Justice joins,

dissenting.

The respondents in this case first moved for prejudgment interest 30 days after the entry of judgment in their favor. The District Court treated the motion as one to alter or amend the judgment, and denied it as untimely because it was not filed within 10 days of the entry of judgment. See Fed. Rule Civ. Proc. 59(e). The United States Court of Appeals for the Ninth Circuit reversed, holding that a motion for prejudgment interest made for the first time after entry of judgment is not a Rule 59(e) motion but a general motion governed by Federal Rule of Civil Procedure 7. 785 F. 2d 720, 723 (1986). This holding conflicts with Goodman v. Heublein, Inc., 682 F. 2d 44, 45-47 (CA2 1982). I would grant certiorari to resolve this conflict.

Reference

Status: Published