New Cert. Petition
on Jun 28, 2005 at 11:45 am
Today we are filing this cert. petition, which presents a question on which the courts of appeals are divided six to three: under 28 U.S.C. 1961, does interest on an award of attorney’s fees begin to accrue (1) from the entry of the judgment that establishes the right to attorney’s fees; or (2) from the entry of a later order fixing the amount of fees.
The case, Bernback v. Greco, hails from the Third Circuit, which holds the minority view — that is, that interest runs only from the entry of an order quantifying the fees. Our co-counsel on the case are Richard C. Angino and Joan L. Stehulak of Angino & Rovner in Harrisburg, PA. Brian Fletcher, a rising Harvard 3L who is with us for the summer, worked extensively on the cert. petition.