Interest Accrual on Attorney's Fee Awards

The United States Circuit Courts of Appeal are split on whether interest accrual under 28 U.S.C. § 1961(a) begins on the date of the merits judgment or the exact quantum judgment.   The split of authority is a result of the fact that § 1961(a) does not distinguish between the two judgments in attorney fee cases.   The interest statute, § 1961(a), provides that interest accrual begins on “the date of….judgment.”   The Fifth, Sixth, Eighth, Ninth, Eleventh, and Federal Circuit Courts of Appeal have held that interest accrual under § 1961(a) begins on the date of the merits judgment.   The merits judgment circuits have reasoned that § 1961(a) functions to compensate prevailing parties for delays in payment of damage awards from the date the prevailing party becomes fully entitled to its damage award.   Furthermore, because the prevailing party becomes entitled to its attorney fee award on the date of the merits judgment in attorney fee cases, the prevailing party is entitled to interest under § 1961(a) from the date of the merits judgment. 
The Third, Seventh, and Tenth Circuit Courts of Appeal, conversely, have held that interest accrual under § 1961(a) begins on the date of the exact quantum judgment.   The exact quantum judgment circuits have reasoned that the term “judgment” in § 1961(a) is short for “money judgment.”   Furthermore, because the exact quantum judgment is the judgment for a specific amount of money (in attorney fee cases), interest accrual under § 1961(a) begins on the date of the exact quantum judgment.  
This article argues that the date of the merits judgment is the correct date to begin interest accrual on attorney fee awards under 28 U.S.C. § 1961(a).