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WINSLOW v. F.E.R.C.

No. 08-5228.

587 F.3d 1133 (2009)

John F. WINSLOW, Appellant v. FEDERAL ENERGY REGULATORY COMMISSION and United States Department of Energy, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 1, 2009.

Attorney(s) appearing for the Case

Richard L. Swick argued the cause for appellant. With him on the briefs was David H. Shapiro.

Jane M. Lyons, Assistant U.S. Attorney, argued the cause for appellees. With her on the brief were Jeffrey A. Taylor, U.S. Attorney at the time the brief was filed, and R. Craig Lawrence, Assistant U.S. Attorney.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

After losing his job as an attorney at the Federal Energy Regulatory Commission, John Winslow sued and prevailed on an age discrimination claim. The District Court awarded back pay; the court's order did not include prejudgment interest. Several years later, Winslow moved for prejudgment interest, which he claimed was mandatory under the Back Pay Act. The District Court treated Winslow's claim as a Rule 59(e) motion to alter or amend the...

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