WHITTAKER CORP.
v.
JENKINS

U.S. | 1986-10-20
No. 85-2115
with whom The Chief Justice joins,
479 U.S. 918 Supreme Court of the United States (1986) Positive Treatment
Cited by 12 cases
Dissent
Justice White,

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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (12 total)

  • Beech Aircraft Corp. v. Rainey, 488 U.S. 153 (U.S. 1988)
    …Co., 584 F. 2d 1306, 1315-1316 (CA3 1978); Ellis v. International Playtex, Inc., 745 F. 2d 292, 300-301 (CA4 1984); Kehm v. Procter & Gamble Mfg. Co., 724 F. 2d 613, 618 (CA8 1983); Jenkins v. Whittaker Corp., 785 F. 2d 720, 726 (CA9), cert. denied, 479 U. S. 918 (1986); Perrin v. Anderson, 784 F. 2d 1040, 1046-1047 (CA10 1986). Nor is the scope of Rule 803(8)(C) unexplored terrain among legal scholars. The leading evidence treatises are virtually unanimous in recommending the broad approach. See E. Cleary,…
  • Alphonso Cave v. Singletary, 971 F.2d 1513 (11th Cir. 1992)
    …novo the district court’s conclusions regarding the determinátion of effectiveness of counsel, but the court’s findings of fact are subject to the clearly erroneous standard. Aldrich v. Wainwright, 777 F. 2d 630, 632 (11th Cir.1985), cert. denied, 479 U.S. 918, 107 S.Ct. 324, 93 L.Ed.2d 297 (1986). 1. The Guilt Phase Petitioner’s trial counsel does not deny that throughout the trial she emphasized to the jury the fact that Cave committed the robbery. Because of this approach, the state trial court requi…
  • Futch v. Dugger, 874 F.2d 1483 (11th Cir. 1989)
    …ffort to obtain evidence of mitigating circumstances), cert. denied, 479 U.S. 996, 107 S.Ct. 602, 93 L.Ed.2d 601 (1986); Aldrich v. Wainwright, 111 F. 2d 630 (11th Cir.1985) (counsel ineffective by failing to depose state’s witnesses), cert. denied, 479 U.S. 918, 107 S.Ct. 324, 93 L.Ed.2d 297 (1986). Petitioner has also alleged facts that satisfy the prejudice prong of Strickland. There is no question that, if Coney actually saw the shooting and can support petitioner’s defense that the shooting was accide…
    1 / 2

Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw