THROWER V. ACADEMY MORTGAGE CORPORATION
Split Score
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Case Summary
Disposition
Affirmed
The Ninth Circuit addressed when post-judgment interest begins to accrue on an attorneys’-fee award obtained in a False Claims Act qui tam settlement. It held that interest under 28 U.S.C. § 1961 runs only from the later order that fixed the specific dollar amount of fees and costs, not from the earlier order approving the settlement that merely established the plaintiff’s entitlement to fees, and therefore affirmed the district court.
Circuit Split Identified
Legal Issue
Whether post-judgment interest on statutory attorneys’-fee awards begins (a) on the date of a judgment establishing an unconditional entitlement to fees or (b) on the date the court enters a money judgment that specifies the fee amount.
Circuit Positions
Interest accrues from judgment fixing a definite dollar amount (money-judgment approach).
Interest accrues from judgment establishing unconditional entitlement to fees, regardless of later quantification (entitlement approach).
Conflict Summary
Some circuits calculate post-judgment interest from the first judgment that unconditionally entitles the prevailing party to attorneys’ fees, even if the amount is not yet quantified. Other circuits, including the Ninth, hold that § 1961(a) requires a ‘money judgment’ that identifies both the liable parties and a definite, ascertainable amount before interest can accrue.