Air Separation, Inc. v. Underwriters at Lloyd's of London, 45 F.3d 288 (9th Cir. 1995). · Go Syfert
Air Separation, Inc. v. Underwriters at Lloyd's of London, 45 F.3d 288 (9th Cir. 1995). Cases Citing This Book View Copy Cite
“in light of these considerations, this court has determined that "once a judgment is obtained, interest thereon is mandatory without regard to the elements of which that judgment is composed.”
127 citation events (106 in the last 25 years) across 26 distinct courts.
Strongest positive: Faizi v. Temori (cand, 2024-07-01)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Faizi v. Temori
N.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
under 8 the provisions of 28 u.s.c. 1961 , postjudgment interest on a district court judgment is 9 mandatory.
discussed Cited as authority (verbatim quote) NGL Energy Partners LP v. LCT Capital, LLC
Del. · 2024 · quote attribution · 1 verbatim quote · confidence high
we hold that postjudgment interest under 28 u.s.c. 1961 applies to the prejudgment interest component of a monetary award.
discussed Cited as authority (verbatim quote) Peoples Bank v. Laura Lou
W.D. Wash. · 2022 · quote attribution · 1 verbatim quote · confidence high
under the provisions of 28 23 u.s.c. 1961 , post-judgment interest on a district court judgment is mandatory.
discussed Cited as authority (verbatim quote) Chaverri v. Platinum LED Lights LLC
D. Ariz. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
although courts 22 may impose sanctions . . . they are not required to do so.
discussed Cited as authority (verbatim quote) Snh Medical Office Properties Trust v. Bloomin' Sandwich Cafe, Inc.
D.D.C. · 2020 · quote attribution · 1 verbatim quote · confidence high
in light of these considerations, this court has determined that "once a judgment is obtained, interest thereon is mandatory without regard to the elements of which that judgment is composed.
discussed Cited as authority (rule) Thrower v. Academy Mortgage Corporation
9th Cir. · 2026 · confidence medium
So § 1961 ties the accrual of postjudgment interest to the “date of the entry” of the “money judgment.” And “postjudgment interest on a district court judgment is mandatory.” Air Separation, Inc. v. Underwriters at Lloyd’s of Lond., 45 F.3d 288, 290 (9th Cir. 1995).
discussed Cited as authority (rule) Schneider National Carriers, Inc. d/b/a Schneider Transportation Management, as assignee and subrogee of Best Buy Warehousing Logistics Inc. and Schneider National Carriers, Inc., in its individual capacity v. Baldev Transport Inc.
E.D. Cal. · 2025 · confidence medium
“Under the provisions of 28 U.S.C. § 1961 , postjudgment interest 23 on a district court judgment is mandatory.” Air Separation, Inc. v. Underwriters at Lloyd’s of 24 London, 45 F.3d 288, 290 (9th Cir. 1995).
discussed Cited as authority (rule) Tamara Wareka p/k/a Tamara Williams v. Dolce Vita Health Center, Inc. D/B/A Dolce Vita Health and Beauty, et al.
E.D. Cal. · 2025 · confidence medium
“Under the provisions of 28 U.S.C. § 1961 , post-judgment interest on 13 a district court judgment is mandatory.” Air Separation, Inc. v. Underwriters at Lloyd's of 14 London, 45 F.3d 288, 290 (9th Cir. 1995) (citing Perkins v. Standard Oil Co., 487 F.2d 15 672, 674 (9th Cir. 1973)).
discussed Cited as authority (rule) M&T Capital and Leasing Corporation v. Freon Logistics
E.D. Cal. · 2025 · confidence medium
“Under the provisions of 28 U.S.C. § 1961 , post-judgment 20 interest on a district court judgment is mandatory.” Air Separation, Inc. v. Underwriters at 21 Lloyd's of London, 45 F.3d 288, 290 (9th Cir. 1995) (citing Perkins v. Standard Oil Co., 22 487 F.2d 672, 674 (9th Cir. 1973)).
discussed Cited as authority (rule) (PC) Hunter v. Brenneman
E.D. Cal. · 2025 · confidence medium
Interest was not part of 23 the settlement agreement, was never contemplated in this case, and has no legal basis.1 24 1 Plaintiff cites Adams v. John-Manville Corp., 876 F.2d 702, 710 (9th Cir. 1989); Air Separation, 25 Inc. v. Underwriters at Lloyds of London, 45 F.3d 288, 290 (9th Cir. 1995); and Cal. Civ.
discussed Cited as authority (rule) Moss v. City and County of San Francisco
N.D. Cal. · 2025 · confidence medium
Under 28 U.S.C. § 1961 (a), “[i]nterest shall be 14 allowed on any money judgment in a civil case recovered in a district court.” As the “shall” in the 15 statute indicates, “postjudgment interest on a district court judgment is mandatory.” Air 16 Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1995). 17 As the City does not address Mr. Moss’s request for post-judgment interest, the Court 18 presumes the City does not oppose it.
discussed Cited as authority (rule) AGK Sierra de Montserrat, L.P. v. Comerica Bank
E.D. Cal. · 2025 · confidence medium
No. 141 at 8.) “Under 28 U.S.C. § 4 | 1961, the award of post[-]judgment interest on a district court judgment is mandatory.” Barnard 5 | v. Theobald, 721 F.3d 1069, 1078 (9th Cir. 2013) (citing Air Separation Inc. v. Underwriters at 6 | Lloyvd’s of London, 45 F.3d 288, 289-90 (9th Cir. 1995)).
discussed Cited as authority (rule) Ivanov v. Fitness Elite Training Center, Inc.
D. Idaho · 2025 · confidence medium
Air Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1995) (stating post-judgment interest under 28 U.S.C. § 1961 is mandatory on any money judgment in a civil case, including pre-judgment interest and costs).
discussed Cited as authority (rule) Forbush v. NTI-CA Inc.
S.D. Cal. · 2025 · confidence medium
No. 34-1 at 22.) Under 28 U.S.C. § 1961 , “post-judgment interest on a 26 district court judgment is mandatory.” Air Separation, Inc. v. Underwriters at Lloyd’s of 27 London, 45 F.3d 288, 290 (9th Cir. 1995).
cited Cited as authority (rule) Jones v. Vector Technology Systems LLC
D. Ariz. · 2025 · confidence medium
Air Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1995).
discussed Cited as authority (rule) Ammo A-Z LLC v. Zenith Firearms Incorporated
D. Ariz. · 2025 · confidence medium
This Circuit has made clear that “[p]ost-judgment interest should be awarded on the entire amount of the judgment, including any pre-judgment interest.” Lagstein v. Certain Underwriters at Lloyd’s of 5 | London, 725 F.3d 1050, 1056 (9th Cir. 2013) (citing Air Separation, Inc. v. Underwriters 6| at Lloyd’s of London, 45 F.3d 288, 291 (9th Cir. 1995)). 7 B.
discussed Cited as authority (rule) Eventbrite, Inc. v. M.R.G. Concerts Ltd. (2×) also: Cited "see"
N.D. Cal. · 2024 · confidence medium
Eventbrite requests in its brief that the Court capitalize the Prior Balance pre-judgment 2 interest, and the Court agrees this is in the interests of equity and authorized by the law of this circuit. 3 See Air Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288, 291 (9th Cir. 1995) 4 (“postjudgment interest under 28 U.S.C. § 1961 applies to the prejudgment interest component of a 5 monetary award”).
discussed Cited as authority (rule) Nosirrah Management, LLC v. Franklin Wireless Corp.
S.D. Cal. · 2024 · confidence medium
“Under the provisions of 3 28 U.S.C. § 1961 , postjudgment interest on a district court judgment is mandatory.” Air 4 Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1995). 5 “Such interest shall be calculated from the date of the entry of the judgment, at a rate equal 6 to the weekly average 1-year constant maturity Treasury yield, as published by the Board 7 of Governors of the Federal Reserve System, for the calendar week preceding the date of 8 the judgment.” Id. 9 Here, the calendar week preceding the date of the judgment, October 27, 2023, 10 …
cited Cited as authority (rule) Acres 4.0 v. IGT
D. Nev. · 2023 · confidence medium
Air Separation, Inc. v. Underwriters at Lloyd's of London, 11 45 F.3d 288, 291 (9th Cir. 1995).
discussed Cited as authority (rule) Martin v. Dominos Pizza
D. Nev. · 2023 · confidence medium
Air Separation, Inc. v. Underwriters at Lloyd’s of 2 London, 45 F.3d 288, 291 (9th Cir. 1995). 3 One possible sanction within a court’s discretion is to dismiss the claims asserted by the 4 bad-faith actor.
cited Cited as authority (rule) arrivia Incorporated v. Rowley
D. Ariz. · 2023 · confidence medium
Air Separation, Inc. v. Underwriters at Lloyd’s of London, 15 45 F.3d 288, 291 (9th Cir. 1995); Fed.
discussed Cited as authority (rule) Mooney v. Roller Bearing Company of America Inc (2×) also: Cited "see"
W.D. Wash. · 2023 · confidence medium
Post-Judgment Interest 18 The award of post-judgment interest on a district court judgment is “mandatory.” Barnard 19 v. Theobald, 721 F.3d 1069, 1078 (9th Cir. 2013) (holding that the district court abused its 20 discretion by failing to award interest); see also 28 U.S.C. § 1961 ; Air Separation Inc. v. 21 Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1995) (explaining that “[f]ailure to 22 23 6 Mooney’s first lost wage payment was May 31, 2020.
discussed Cited as authority (rule) Pacific Survey Group LLC v. Tyche High Seas Capital Corp
W.D. Wash. · 2023 · confidence medium
(See 21 generally Compl.) Nevertheless, “[u]nder the provisions of 28 U.S.C. § 1961 , 22 post-judgment interest on a district court judgment is mandatory.” Air Separation, Inc. v. 1 Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1995); see also Berholtz v. 2 P4 Meditech Analytics, LLC, 600 F. Supp. 3d 1128 , 1136 (S.D.
discussed Cited as authority (rule) Olson Kundig Inc v. 12th Avenue Iron Inc
W.D. Wash. · 2023 · confidence medium
Order at 2.) Although Olson Kundig does not request this relief in its complaint 22 (see generally Compl.), “[u]nder the provisions of 28 U.S.C. § 1961 , post-judgment 1 interest on a district court judgment is mandatory.” Air Separation, Inc. v. Underwriters 2 at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1995); see also Berholtz, 600 F. Supp. 3 3d at 1136 (stating that post-judgment interest is automatically applicable in federal 4 cases, regardless of whether it was prayed for in the complaint).
discussed Cited as authority (rule) Sunbelt Rentals, Inc. v. Three Brothers Electrical Contractors, Inc.
E.D. Cal. · 2023 · confidence medium
“Under the provisions of 28 U.S.C. § 10 1961, post-judgment interest on a district court judgment is mandatory.” Air Separation, Inc. v. 11 Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1995) (citing Perkins v. Standard Oil 12 Co., 487 F.2d 672, 674 (9th Cir. 1973)).
cited Cited as authority (rule) (PC) Garces v. Gamboa
E.D. Cal. · 2023 · confidence medium
Air Separation, Inc. v. Underwriters at Lloyd’s of 3 London, 45 F.3d 288, 291 (9th Cir. 1995).
discussed Cited as authority (rule) Seward Property, LLC v. Arctic Wolf Marine, Inc.
D. Alaska · 2022 · confidence medium
Cal. July 16, 2018). 59 28 U.S.C. § 1961 (a) (“Interest shall be allowed on any money judgment in a civil case recovered in a district court.”); see also City of Milwaukee v. Cement Div., Nat’l Gypsum Co., 515 U.S. 189, 194 (1995) (recognizing same); Air Separation v. Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1994) (citing 28 U.S.C. § 1961 ; Perkins v. Standard Oil Co., 487 F.2d 672, 674 (9th Cir. 1973)) (“. . . [P]ostjudgment interest on a district court judgment is mandatory.”).
cited Cited as authority (rule) (PC) Garces v. Gamboa
E.D. Cal. · 2022 · confidence medium
Air Separation, Inc. v. Underwriters at Lloyd’s of 6 London, 45 F.3d 288, 291 (9th Cir. 1995).
cited Cited as authority (rule) Layton v. Green Valley Village Community Association
D. Nev. · 2022 · confidence medium
Air Separation, Inc. v. Underwriters 13 at Lloyd’s of London, 45 F.3d 288, 291 (9th Cir. 1995).
discussed Cited as authority (rule) Sidya v. World Telecom Exchange Communications
Va. · 2022 · confidence medium
See 28 U.S.C. § 1961 (a) (2000) (mandating post-judgment interest “on any money judgment in a civil case”); Air Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1995) (“Accordingly, postjudgment interest has been applied to attorneys’ fees; costs; punitive damages; exemplary damages; and fraud penalties.” (citations omitted)).
discussed Cited as authority (rule) Thibodeau v. ADT Security Services
S.D. Cal. · 2022 · confidence medium
Under the statute, “the award of post judgment interest on a district court 21 judgment is mandatory.” Barnard v. Theobald, 721 F.3d 1069, 1078 (9th Cir. 2013). 22 Where a plaintiff is the prevailing party, “[c]osts of the loss of use of a money judgment 23 should not be borne by the injured plaintiff, but by the defendant whose initial wrongful 24 conduct invoked the judicial process and who has had the use of the money judgment 25 throughout the period of delay.” Air Separation, Inc. v. Underwriters at Lloyd’s of 26 London, 45 F.3d 288, 290 (9th Cir. 1995) (quoting Perkins v. Stand…
discussed Cited as authority (rule) Mesi v. Pennymac Loan Services LLC
D. Nev. · 2022 · confidence medium
Air Separation, Inc. v. Underwriters at Lloyd’s of 17 London, 45 F.3d 288, 291 (9th Cir. 1995). 18 The court has the discretion to dismiss the case or claims asserted by the bad-faith actor. 19 See, e.g., Leon v. IDX Systems Corp., 464 F.3d 951 (9th Cir. 2006) (dismissing the plaintiff’s 20 claims because of willful spoliation of evidence); Anheuser-Busch, Inc. v. Natural Beverage 21 Distributors, 69 F.3d 337 (9th Cir. 1995) (dismissing a party’s counterclaim after he acted in 22 bad faith by withholding documents during discovery); Wyle v. R.J.
discussed Cited as authority (rule) Invesco High Yield Fund v. Hans Jecklin
9th Cir. · 2021 · confidence medium
Air Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1995); Barnard v. Theobald, 721 F.3d 1069, 1078 (9th Cir. 2013) (district court abused its discretion in declining to award post-judgment interest).
cited Cited as authority (rule) (PC) Roberson v. T.
E.D. Cal. · 2021 · confidence medium
Air Separation, Inc. v. Underwriters at Lloyd’s of 23 London, 45 F.3d 288, 291 (9th Cir. 1995).
cited Cited as authority (rule) (PC) Gradford v. Velasco
E.D. Cal. · 2021 · confidence medium
Air Separation, Inc. v. Underwriters at Lloyd’s of 2 London, 45 F.3d 288, 291 (9th Cir. 1995).
discussed Cited as authority (rule) Rosen v. Movie Times, Inc.
N.D. Cal. · 2021 · confidence medium
Post-judgment interest is recoverable “on the 4 entire amount of the judgment, including damages, prejudgment interest, and attorney’s fees.” Air 5 Separation v. Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1994).
discussed Cited as authority (rule) (PC) Gaines v. Brown
E.D. Cal. · 2020 · confidence medium
This sanction authority is discretionary, Air Separation, Inc. v. Underwriters 24 at Lloyd’s of London, 45 F.3d 288, 291 (9th Cir. 1995), and “‘extends to a full range of litigation 25 abuses,’” Fink, 239 F.3d at 992 (quoting Chambers, 501 U.S. at 46–47). 26 Sanctions may be imposed under a court’s inherent authority on “parties appearing before 27 it for acting in bad faith, vexatiously, wantonly, or for oppressive reasons,” Sassower v. Field, 28 973 F.2d 75, 81-82 (2d Cir. 1992), cert. denied, 507 U.S. 1043 (1993), as well as for delaying or 1 disrupting litigation, or for …
discussed Cited as authority (rule) Quatro v. Tehachapi Unified School District
E.D. Cal. · 2020 · confidence medium
(Doc. 72 at 13−15.) Post- judgment interest on district court judgments is mandatory, Air Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1995), including for fee awards under the IDEA, Gera v. Paramount Unified Sch.
cited Cited as authority (rule) Samet v. Bayview Loan Servicing, LLC
D. Nev. · 2019 · confidence medium
Air Separation, Inc. v. Underwriters at Lloyd’s of 9 London, 45 F.3d 288, 291 (9th Cir. 1995). 10 III.
discussed Cited as authority (rule) (PS) Aussieker v. Staccato Properties, LLC
E.D. Cal. · 2019 · confidence medium
Moreover, 28 U.S.C. § 1961 15 concerns postjudgment interest. “[P]ostjudgment interest on a district court judgment is 16 mandatory.” Air Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th 17 Cir. 1995). 18 CONCLUSION 19 For the reasons set forth above, IT IS HEREBY RECOMMENDED that: 20 1.
cited Cited as authority (rule) Samet v. Bayview Loan Servicing, LLC.
D. Nev. · 2019 · confidence medium
Air Separation, Inc. v. Underwriters at Lloyd’s of 11 London, 45 F.3d 288, 291 (9th Cir. 1995). 12 III.
discussed Cited as authority (rule) Chaudhry v. United States Citizenship and Immigration Services
W.D. Wash. · 2019 · confidence medium
Air 3 Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288, 291 (9th Cir. 1995). 4 The court’s “inherent power ‘extends to a full range of litigation abuses.’ ” Fink, 239 F.3d 5 at 992 (quoting Chambers, 501 U.S. at 46-47 ).
discussed Cited as authority (rule) Cooley v. Marshal
D. Nev. · 2019 · confidence medium
In a civil 18 case brought in federal court, post-judgment interest is mandatory under 28 U.S.C. § 1961 . 19 Air Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1995); 20 28 U.S.C. § 1961 (a).
cited Cited as authority (rule) Carlos Suarez v. BMW of North America, LLC
C.D. Cal. · 2019 · confidence medium
DISCUSSION “[C]ourts may impose sanctions for the failure to obey court orders.” Air Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288, 291 (9th Cir. 1995).
cited Cited as authority (rule) Carlos Madrigal v. Allstate Indemnity Co.
9th Cir. · 2017 · confidence medium
Air Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1995).
cited Cited as authority (rule) Winterrowd v. American General
9th Cir. · 2009 · confidence medium
Air Sepa- ration, Inc. v. Lloyd’s of London, 45 F.3d 288, 291 (9th Cir. 1995).
cited Cited as authority (rule) Rosalyn Caffey v. Unum Life Insurance Co.
6th Cir. · 2002 · confidence medium
Air Separation, Inc., 45 F.3d at 291.
discussed Cited as authority (rule) Powers v. United Services Automobile Ass'n
Nev. · 1998 · confidence medium
The purpose of post-judgment interest is to compensate the plaintiff for loss of the use of the money awarded in the judgment “ ‘without regard to the elements of which that judgment is composed.’ ” Air Separation v. Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1995) (quoting Perkins v. Standard Oil Co., 487 F.2d 672, 675 (9th Cir. 1973)).
discussed Cited "see" Innovative Solutions International Inc v. Houlihan Trading Co Inc
W.D. Wash. · 2025 · signal: see · confidence high
See Air Separation, Inc. v. 12 Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1995) (citing cases where post- 13 judgment interest has been applied to attorney fees). 14 Though the Court entered judgment in favor of Houlihan and against Pilgrim’s in the 15 amount of $1,500,000 on December 27, 2024, (see generally Dkt.
discussed Cited "see" Innovative Solutions International Inc v. Houlihan Trading Co Inc
W.D. Wash. · 2025 · signal: see · confidence high
See Air 4 Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288, 290 (9th Cir. 1995) (citing 5 cases where post-judgment interest has been applied to attorney fees). 6 Accordingly, the Court GRANTS Innovative’s request for post-judgment interest on the 7 $10,500,000 damages award, accruing as of December 27, 2024, when this Court entered 8 judgment (Dkt.
Retrieving the full opinion text from the archive…
Air Separation, Inc.
v.
Underwriters at Lloyd's of London, Etc., and Participating Insurance Companies, G.A. Haynes, and British Aviation Insurance Company, Ltd., Cross-Claimants v. William H. Cauley, Insurance, Inc., Cross-Defendant
93-15275.
Court of Appeals for the Ninth Circuit.
Jan 17, 1995.
45 F.3d 288
Cited by 63 opinions  |  Published
Pinpoint authority: bottom 54%

45 F.3d 288

AIR SEPARATION, INC., Plaintiff-Appellant,
v.
UNDERWRITERS AT LLOYD'S OF LONDON, etc., et al., and
Participating Insurance Companies, et al.,
Defendants-Appellees.
G.A. HAYNES, and British Aviation Insurance Company, Ltd.,
Cross-claimants,
v.
WILLIAM H. CAULEY, INSURANCE, INC., Cross-defendant.

No. 93-15275.

United States Court of Appeals,
Ninth Circuit.

Submitted Aug. 12 1994.[*]
Memorandum Filed Sept. 6, 1994.
Order and Opinion Filed Jan. 17, 1995.

James M. Wagstaffe, Cooper, White & Cooper, San Francisco, CA, for plaintiff-appellant.

John W. Shaw, Kern and Wooley, Los Angeles, CA, for defendants-appellees.

Appeal from the United States District Court for the District of Nevada.

Before: FLETCHER, HALL, and WIGGINS, Circuit Judges.

ORDER

The memorandum disposition filed September 6, 1994, is redesignated as an authored opinion by Judge Hall.

OPINION

CYNTHIA HOLCOMB HALL, Circuit Judge:

[*~288]1

Air Separation, Inc., the owner of an aircraft insured by Underwriters at Lloyd's of London and Participating Insurance Companies ("Underwriters"), appeals from the district court's denial of its motion for postjudgment interest and sanctions in connection with its successful claim for payment under an insurance policy for loss by theft of avionics equipment. The district court had jurisdiction pursuant to 28 U.S.C. Sec. 1332. This court has jurisdiction pursuant to 28 U.S.C. Sec. 1291. We affirm in part and reverse in part.

I.

2

This case arises out of an insurance coverage dispute. On December 20, 1984, avionics equipment was stolen from an aircraft owned by Air Separation and insured by Underwriters at Lloyd's of London and Participating Insurance Companies ("Underwriters"). Although Air Separation was the designated loss-payee under the insurance policy, Underwriters paid the claim to a company that was leasing the aircraft. Air Separation sued Underwriters to recover under the policy, and the district court found Underwriters responsible to Air Separation for the amount of the loss, costs, and prejudgment interest, as well as postjudgment interest.[1]

3

Underwriters appealed from the court's judgment. On December 5, 1991, before the appeal was concluded, the district court stayed execution of the judgment and ordered Underwriters to post a $200,000 bond. Underwriters never posted bond, and on June 17, 1992, this court affirmed the district court's judgment, 967 F.2d 583 (9th Cir.1992).

4

On June 22, 1992, Air Separation's counsel submitted to Underwriters a letter calculating the amount due on the judgment at $271,336.14, including postjudgment interest of $15,014.77 if paid by Thursday, June 25, 1992, plus $32.37 per day thereafter. On June 26, 1992, realizing that a mistake had been made because the calculation did not include postjudgment interest on the prejudgment interest component of the award, Air Separation's counsel faxed a correction letter and a new figure to Underwriters. Air Separation's counsel also spoke to Underwriters' counsel regarding the miscalculation.

5

On either July 7 or 9, 1993, Air Separation's counsel received a check from Underwriters in the amount of $271,727.03 as set forth in Air Separation's withdrawn letter. Air Separation's counsel subsequently informed Underwriters that the check was insufficient because it did not include postjudgment interest on the prejudgment interest award as explained in the second letter.

[*~289]6

After Underwriters indicated that it would not pay postjudgment interest on the prejudgment interest award, Air Separation, on August 27, 1992, filed a motion in the district court requesting immediate payment and sanctions. On January 4, 1993, the district court denied Air Separation's motion. Air Separation appeals.

II.

7

Air Separation contends that the district court erred by not interpreting 28 U.S.C. Sec. 1961, which mandates that "[i]nterest shall be allowed on any money judgment in a civil case recovered in a district court," to require that postjudgment interest be paid on all elements of a money judgment, including prejudgment interest. Elements of statutory interpretation that inform the district court's decisions are reviewed de novo. Oviatt v. Pearce, 954 F.2d 1470, 1481 (9th Cir.1992).

[*~290]8

Under the provisions of 28 U.S.C. Sec. 1961, postjudgment interest on a district court judgment is mandatory. See Perkins v. Standard Oil Co., 487 F.2d 672, 674 (9th Cir.1973). "The purpose of awarding interest to a party recovering a money judgment is ... to compensate the wronged person for being deprived of the monetary value of the loss...." Turner v. Japan Lines, Ltd., 702 F.2d 752, 756 (9th Cir.1983); see also Kaiser Aluminum & Chem. Corp. v. Bonjorno, 494 U.S. 827, 834, 110 S.Ct. 1570, 1575, 108 L.Ed.2d 842 (1990) ("the policy underlying the postjudgment interest statute [is] compensation of the plaintiff for the loss of the use of the money"). Costs of the loss of use of a money judgment should not be borne by the injured plaintiff, but by the "defendant whose initial wrongful conduct invoked the judicial process and who has had the use of the money judgment throughout the period of delay." Perkins, 487 F.2d at 676; see also Devex Corp. v. General Motors Corp., 577 F.Supp. 429, 433 (D.Del.1983) (reasoning that because money has time value, the only way to make a party whole is to award interest from the time the party should have received the money."), aff'd, 749 F.2d 1020 (3d Cir.1984), cert. denied, 474 U.S. 819, 106 S.Ct. 68, 88 L.Ed.2d 55 (1985). Failure to award postjudgment interest would create an incentive for defendants to exploit the time value of money by frivolously appealing or otherwise delaying payment. See Bailey v. Chattem, Inc., 838 F.2d 149, 152 (6th Cir.1988), cert. denied, 486 U.S. 1059, 108 S.Ct. 2831, 100 L.Ed.2d 931 (1988); R.W.T. v. Dalton, 712 F.2d 1225, 1235 (8th Cir.1983), cert. denied, 464 U.S. 1009, 104 S.Ct. 527, 78 L.Ed.2d 710 (1983).

[*290]9

In light of these considerations, this Court has determined that "once a judgment is obtained, interest thereon is mandatory without regard to the elements of which that judgment is composed." Perkins, 487 F.2d at 675; see also 28 U.S.C. Sec. 1961 (interest "allowed on any money judgment") (emphasis added); Wheeler v. John Deere Co., 986 F.2d 413, 415 (10th Cir.1993) (quoting Perkins). Accordingly, postjudgment interest has been applied to attorneys' fees, Perkins, 487 F.2d at 675; costs, Wheeler, 986 F.2d at 425; punitive damages, Brown v. Petrolite Corp., 965 F.2d 38, 51 (5th Cir.1992); exemplary damages, id.; and fraud penalties. In re Resyn Corp., 945 F.2d 1279, 1284 (3d Cir.1991).

10

Most important, it is well-established in other circuits that postjudgment interest also applies to the prejudgment interest component of a district court's monetary judgment. See Quesinberry v. Life Ins. Co. of North America, 987 F.2d 1017, 1030 (4th Cir.1993) (en banc) ("[T]he district court should have ordered that postjudgment interest would accrue on $147,885.21, the $82,500 proceeds of the insurance policy plus the pre-judgment interest awarded by the court."); Fuchs v. Lifetime Doors, Inc., 939 F.2d 1275, 1280 (5th Cir.1991) ("[W]e direct the district court to award post-judgment interest on the entire amount of the judgment, including damages, prejudgment interest, and attorney's fees."); Arthur Young & Co. v. Reves, 937 F.2d 1310, 1338 (8th Cir.1991) ("28 U.S.C. Sec. 1961 specifically authorizes postjudgment interest, and we believe such interest is appropriate on both the damages and prejudgment interest"), aff'd sub nom. Reves v. Ernst & Young, --- U.S. ----, 113 S.Ct. 1163, 122 L.Ed.2d 525 (1993); Sun Ship, Inc. v. Matson Navigation Co., 785 F.2d 59, 63 (3d Cir.1986) ("28 U.S.C. Sec. 1961 ... provides for postjudgment interest and ... that interest should be calculated on the amount of the district court's judgment--that is $4,272,864.88 plus prejudgment interest"); Parsons & Whittemore v. Yeargin Construction Co., Inc., 744 F.2d 1482, 1485 (11th Cir.1984); United States v. Hannon, 728 F.2d 142, 145 (2d Cir.1984); see also Palmer v. Barry, 794 F.Supp. 5, 7 (D.D.C.1992), aff'd sub nom. Palmer v. Kelly, 17 F.3d 1490 (D.C.Cir.1994); Devex, 577 F.Supp. at 431; cf. In re Tucknall, 94 B.R. 277, 278-79 (Bankr.D.Conn.1989).[2] 2] Underwriters identifies no case to the contrary.

[*~291]11

The district court's judgment included the principal sum, plus costs, plus prejudgment interest. Given the policy motivating the award of postjudgment interest, and in light of authority in other circuits, we hold that postjudgment interest under 28 U.S.C. Sec. 1961 applies to the prejudgment interest component of a monetary award. Section 1961 appears to mandate this result. Not only does the plain language of the statute not distinguish between the component parts of a judgment, but there in fact appears to be no material distinction between judgments for prejudgment interest and judgments for the principal sum in the context of this provision. Cf. Wheeler, 986 F.2d at 415 ("For the purposes of interest under Sec. 1961, we see no practical difference between an award of costs, an award of attorneys' fees, or an award of damages."); Perkins, 487 F.2d at 675 ("[T]here exists no real distinction between judgments for attorneys' fees and judgments for other items of damages."). Moreover, failure to apply postjudgment interest to prejudgment interest would result in the injured plaintiff bearing the cost resulting from the loss of the use of money and would thereby reward the defendant for having delayed satisfying the judgment.

12

Accordingly, we find that the district court erred when it denied Air Separation's motion for postjudgment interest.

III.

13

Air Separation contends that Underwriters should be sanctioned under the court's inherent power, Fed.R.Civ.P. 11, or 28 U.S.C. Sec. 1927 for disobeying the district court's order to post a bond pursuant to the judgment awarded Air Separation and for misrepresenting facts to the court. All aspects of a district court's Rule 11 determination are reviewed for abuse of discretion. Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405, 110 S.Ct. 2447, 2460, 110 L.Ed.2d 359 (1990); Yagman v. Republic Ins., 987 F.2d 622, 628 (9th Cir.1993). A court's imposition of sanctions under its inherent power is reviewed for abuse of discretion. Chambers v. NASCO, Inc., 501 U.S. 32, 55, 111 S.Ct. 2123, 2138, 115 L.Ed.2d 27 (1991); Yagman, 987 F.2d at 628. The award of Section 1927 sanctions is reviewed for abuse of discretion. West Coast Theater Corp. v. City of Portland, 897 F.2d 1519, 1526 (9th Cir.1990).

14

We accord the district court's determination whether to impose sanctions deference, Cooter & Gell, 496 U.S. at 400, 110 S.Ct. at 2458, because "the district court is better situated than the court of appeals to marshal the pertinent facts and apply [the law]," id. at 402-03, 110 S.Ct. at 2459; see also Pierce v. Underwood, 487 U.S. 552, 559-60, 108 S.Ct. 2541, 2547, 101 L.Ed.2d 490 (1988). In particular, a district court's determinations regarding whether a court order has been disobeyed and whether to impose sanctions for disobeyal are accorded deference. See Halaco Engineering Co. v. Costle, 843 F.2d 376, 379 (9th Cir.1988); Gifford v. Heckler, 741 F.2d 263, 266 (9th Cir.1984). Although courts may impose sanctions for the failure to obey court orders, they are not required to do so. See Zambrano v. City of Tustin, 885 F.2d 1473, 1481 (9th Cir.1989).

15

The district court summarily denied Air Separation's motion for sanctions, stating, "[a]lthough sanctions have been requested ... the court does not feel that they are warranted." Although the district court did not expressly reason through its determination, its use of the word "warranted" implicitly indicates that it considered Air Separation's contention, but did not find that Underwriters' conduct rose to a level that required sanctions. Moreover, Air Separation's contention that Underwriters misrepresented the parties' correspondence to the court is misplaced. Underwriters apparently brought to the district court's attention Air Separation's withdrawn letter calculating the amount due because it contained what Underwriters asserted was the correct figure, and not to mislead the court. Finally, the fact that the district court denied Air Separation's motion for postjudgment interest suggests that Underwriters' position throughout the litigation was not meritless. Clearly, the district court did not abuse its discretion in denying Air Separation's motion for sanctions.[3]

CONCLUSION

16

We REVERSE the district court's denial of Air Separation's motion for postjudgment interest and AFFIRM the district court's denial of Air Separation's motion for sanctions.

*

The panel unanimously finds this case suitable for decision without oral argument pursuant to Fed.R.App.P. 34(a) and 9th Cir.R. 34.4

1

The district court's judgment reads in relevant part:

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Plaintiff, AIR SEPARATION, INC. is awarded judgment against UNDERWRITERS AT LLOYD'S OF LONDON AND PARTICIPATING INSURANCE COMPANIES and ALEXANDER HOWDEN INSURANCE BROKER, LTD., jointly and severally for the sum of $184,000, plus costs as taxed by the clerk plus interest thereon at the rate of 12 Per Cent from December 17, 1987, the date of commencement of this action until the date of entry of judgment, plus interest at the rate provided by 28 U.S.C. Sec. 1961 from the date of entry of judgment until satisfied.

2

Underwriters contends that the application of postjudgment interest to prejudgment interest constitutes an impermissible compounding of interest upon the debt. See Cherokee Nation v. United States, 270 U.S. 476, 490, 46 S.Ct. 428, 433, 70 L.Ed. 694 (1926). Although interest on postjudgment interest would amount to compounding of interest, this is not what Air Separation seeks. Rather, Air Separation seeks simple interest on the amount of the judgment. "That prejudgment interest is a component of that judgment does not lead to the conclusion that interest is compounded." In re Tucknall, 94 B.R. 277, 278 n. 1 (Bankr.D.Conn.1989)

3

Underwriters requests attorneys' fees on appeal. Because we reverse the district court's denial of Air Separation's motion for postjudgment interest, we deny Underwriters' request for attorneys' fees