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PLANNED PARENTHOOD OF COLUMBIA/WILLAMETTE v. ACLA

No. 06-35733.

518 F.3d 1013 (2008)

PLANNED PARENTHOOD OF THE COLUMBIA/WILLAMETTE INC.; Portland Feminist Women's Health Center; Robert Crist, M.D.; Warren M. Horn, M.D.; Elizabeth Newhall, M.D.; James Newhall, M.D., Plaintiffs-Appellees, v. AMERICAN COALITION OF LIFE ACTIVISTS; Advocates for Life Ministries; Michael Dodds; Timothy Paul Dreste; Joseph L. Foreman; Bruce Evan Murch; Donald Treshman; Charles Wysong; Michael Bray; Andrew Burnett; David Crane; Charles Roy McMillan; Catherine Ramey; Dawn Marie Stover, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 11, 2008.

Attorney(s) appearing for the Case

Maria T. Vullo (argued), Julie Fink, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Seattle, WA; Carol J. Bernick, Davis Wright Tremaine, LLP, Portland, OR; Roger K. Evans, Planned Parenthood Federation of America, Inc., New York, NY, for the plaintiffs-appellees.

Christopher A. Ferrara (argued), American Catholic Lawyers Association, Fairfield, NJ; Richard Thompson, Thomas More Law Center, Ann Arbor, MI, for the defendants-appellants.

Before: EDWARD LEAVY, RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges.

FISHER, Circuit Judge:

At what all surely must hope is the conclusion of this long running litigation, we must address an issue of some importance under Federal Rule of Appellate Procedure 37(b) relating to the award of post-judgment interest to the plaintiffs-appellees on the punitive damages judgment they obtained against the defendants-appellants. This is a cautionary tale for all whose judgments on appeal are subject to the requirements of Rule 37(b).

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