Osterneck v. Ernst & Whinney, 489 U.S. 169 (1989). · Go Syfert
Osterneck v. Ernst & Whinney, 489 U.S. 169 (1989). Cases Citing This Book View Copy Cite
Quick Summary

A post-judgment motion for discretionary prejudgment interest is a motion for relief from judgment under Rule 59(e).

After a jury verdict, petitioners filed a written motion for discretionary prejudgment interest. They subsequently filed a notice of appeal before the district court ruled on the motion. The question is whether a motion for discretionary prejudgment interest constitutes a motion to alter or amend the judgment under Rule 59(e), thereby rendering a prior notice of appeal ineffective under Rule 4(a)(4). Because a motion for discretionary prejudgment interest requires the court to reexamine matters encompassed within the merits of the underlying action, it is a Rule 59(e) motion. Furthermore, the exception for unique circumstances applies only when a party receives specific assurance from a judicial officer that an act intended to postpone an appeal deadline was properly performed.

2,181 citation events (1,143 in the last 25 years) across 105 distinct courts.
Strongest positive: Emergency Recovery, Inc. v. Bryan Hufnagle (ca11, 2023-08-14) · Strongest negative: Hatti Group RE, LLC, and Harsha Hatti v. Robbie Dellinger (Appeal from Jefferson Circuit Court: CV-20-903743). (ala, 2024-09-20)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" Hatti Group RE, LLC, and Harsha Hatti v. Robbie Dellinger (Appeal from Jefferson Circuit Court: CV-20-903743). (3×)
Ala. · 2024 · signal: but see · confidence high
But see Osterneck v. Ernst & Whinney, 489 U.S. 169 , 176 n. 3 & 177, 109 S.Ct. 987 , 103 L.Ed.2d 146 (1989) (holding 'that a postjudgment motion for discretionary prejudgment interest is a Rule 59(e) motion' and noting in dictum that 'the result should [not] be different where prejudgment interest is available as a matter of right'); accord Capstick v. Allstate Ins.
examined Cited "but see" Universal Development Corporation v. Robbie Dellinger (Appeal from Jefferson Circuit Court: CV-20-903743). (3×)
Ala. · 2024 · signal: but see · confidence high
But see Osterneck v. Ernst & Whinney, 489 U.S. 169 , 176 n. 3 & 177, 109 S.Ct. 987 , 103 L.Ed.2d 146 (1989) (holding 'that a postjudgment motion for discretionary prejudgment interest is a Rule 59(e) motion' and noting in dictum that 'the result should [not] be different where prejudgment interest is available as a matter of right'); accord Capstick v. Allstate Ins.
examined Cited "but see" Hatti Group RE, LLC, and Harsha Hatti v. Robbie Dellinger (Appeal from Jefferson Circuit Court: CV-20-141). (3×)
Ala. · 2024 · signal: but see · confidence high
But see Osterneck v. Ernst & Whinney, 489 U.S. 169 , 176 n. 3 & 177, 109 S.Ct. 987 , 103 L.Ed.2d 146 (1989) (holding 'that a postjudgment motion for discretionary prejudgment interest is a Rule 59(e) motion' and noting in dictum that 'the result should [not] be different where prejudgment interest is available as a matter of right'); accord Capstick v. Allstate Ins.
examined Cited "but see" State Personnel Bd. v. Akers (3×)
Ala. · 2000 · signal: but see · confidence high
But see Ostermeck v. Ernst & Whinney, 489 U.S. 169 , 176 n. 3 & 177, 109 S.Ct. 987 , 103 L.Ed.2d 146 (1989) (holding "that a postjudgment motion for discretionary prejudgment interest is a Rule 59(e) motion" and noting in dictum that "the result should [not] be different where prejudgment interest is available as a matter of right"); accord Capstick v. Allstate Ins.
discussed Cited as authority (verbatim quote) Emergency Recovery, Inc. v. Bryan Hufnagle
11th Cir. · 2023 · quote attribution · 1 verbatim quote · confidence high
a postjudgment motion will be considered a rule 59(e) motion where it involves reconsideration of matters properly encompassed in a decision on the merits.
discussed Cited as authority (verbatim quote) Franklin Bank & Trust Co. v. John Hancock Life Insurance Company (USA)
W.D. Ky. · 2023 · quote attribution · 1 verbatim quote · confidence high
when a federal court's jurisdiction rests upon diversity, the award of prejudgment interest is governed by state law.
examined Cited as authority (verbatim quote) Acosta v. State of Oregon
D. Or. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
a postjudgment motion will be considered a rule 59(e) motion where it involves 'reconsideration of matters properly encompassed in a decision on the merits.'" (quoting white v. n.h. dep't of emp. sec., 455 u.s. (referencing a "brint ganer
discussed Cited as authority (verbatim quote) Rouviere v. Depuy Orthopaedics, Inc.
S.D.N.Y. · 2021 · quote attribution · 1 verbatim quote · confidence high
our conclusion that a postjudgment motion for discretionary prejudgment interest is a rule 59(e) motion also helps further the important goal of avoiding piecemeal appellate review of judgments.
discussed Cited as authority (verbatim quote) AgroFresh Inc. v. Essentiv LLC
D. Del. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
a postjudgment motion for discretionary prejudgment interest constitutes a motion to alter or amend the judgment under rule 59(e).
discussed Cited as authority (verbatim quote) Continental Indemnity Company v. IPFS of New York, LLC
D. Neb. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a postjudgment motion for discretionary prejudgment interest constitutes a motion to alter or amend the judgment under rule 59(e).
discussed Cited as authority (verbatim quote) Locke v. Warren
S.D. Fla. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
federal rule of appellate procedure 4(a)(4) renders ineffective any notice of appeal filed while a rule 59(e) motion is pending.
examined Cited as authority (verbatim quote) Smith v. Standard Life Insurance Company
W.D. Okla. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
prejudgment interest is an element of plaintiff's complete compensation" but a request for attorney fees raises issues collateral to the main cause of action and is "wholly separate from the decision on the merits
examined Cited as authority (verbatim quote) Lichtenberg v. Besicorp Group Inc. (4×) also: Cited as authority (rule)
2d Cir. · 2000 · signal: see · quote attribution · 1 verbatim quote · confidence high
thompson applies only where a party has performed an act which, if properly done, would postpone the deadline for filing his appeal and has received specific assurance by a judicial officer that this act has been properly done.
examined Cited as authority (verbatim quote) Susan Ellis v. Ronald Ellis
8th Cir. · 1995 · quote attribution · 1 verbatim quote · confidence high
by its terms, thompson applies only where a party has performed an act which, if properly done, would postpone the deadline for filing his appeal and has received specific assurance by a judicial officer that this act has been properly done.
examined Cited as authority (verbatim quote) Missouri v. Jenkins Ex Rel. Agyei (2×)
SCOTUS · 1989 · signal: cf. · quote attribution · 2 verbatim quotes · confidence high
unlike attorney's fees, which at common law were regarded as an element of costs, . . . prejudgment interest traditionally has been considered part of the compensation due the plaintiff
discussed Cited as authority (quoted) Jiangmen Benlida Printed Circuit Co., Ltd. v. Circuitronix, LLC
S.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence low
the finality of the judgment was suspended . . . when the defendant filed motions for j.n.o.v. and for a new trial.
examined Cited as authority (quoted) Parviz Abedi v. U.S. Bank National Association
11th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence low
although we generally construe a notice of appeal liberally, we will not expand it to include judgments and orders not specified unless the overriding intent to appeal these orders is readily apparent on the face of the notice.
examined Cited as authority (quoted) Foresco Co. v. Oh (3×)
S.D. Ill. · 2018 · signal: see · quote attribution · 3 verbatim quotes · confidence high
a postjudgment motion for discretionary prejudgment interest constitutes a motion to alter or amend the judgment under rule 59(e).
examined Cited as authority (quoted) EMJ Corp. v. Hudson Specialty Insurance (3×)
N.D. Miss. · 2015 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
a post-judgment motion for discretionary or mandatory prejudgment interest is a rule 59(e) motion
examined Cited as authority (quoted) Silicon Knights, Inc. v. Epic Games, Inc. (3×)
E.D.N.C. · 2012 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
unlike attorney's fees, which at common law were regarded as an element of costs and therefore not part of the merits judgment, ... interest traditionally has been considered part of the compensation due plaintiff.
examined Cited as authority (quoted) Haygood v. Quarterman (3×)
5th Cir. · 2007 · signal: see · quote attribution · 3 verbatim quotes · confidence high
by its terms, thompson applies only where a party has performed an act which, if properly done, would postpone the deadline for filing his appeal and has received specific assurance by a judicial officer that this act has been properly done.
examined Cited as authority (quoted) Shoen v. Shoen (In re Shoen) (3×)
9th Cir. · 1999 · signal: see · quote attribution · 3 verbatim quotes · confidence high
pjrejudgment interest is an element of the plaintiffs complete compensation.
examined Cited as authority (quoted) United States Surgical Corp. v. Orris, Inc. (3×)
D. Kan. · 1999 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
fed.r.app.p. 4(a)(4) renders ineffective any notice of appeal filed while a fed. r.civ.p. 59(e) motion is pending
examined Cited as authority (quoted) Northwestern National Insurance Company Of Milwaukee, Wisconsin v. James R. Alberts (3×)
2d Cir. · 1991 · signal: see · quote attribution · 3 verbatim quotes · confidence high
a post-judgment motion will be considered a rule 59(e) motion where it involves 'reconsideration of matters properly encompassed in a decision on the merits.
examined Cited as authority (quoted) Northwestern National Insurance v. Alberts (3×)
2d Cir. · 1991 · signal: see · quote attribution · 3 verbatim quotes · confidence high
a post-judgment motion will be considered a rule 59(e) motion where it involves 'reconsideration of matters properly encompassed in a decision on the merits.
examined Cited as authority (quoted) Nordberg v. Arab Banking Corp. (In Re Chase & Sanborn Corp.) (5×) also: Cited as authority (rule)
Bankr. S.D. Florida · 1991 · quote attribution · 3 verbatim quotes · confidence low
it is clear that whether 'pre-judgment interest should be awarded ... is within the district court's sound discretion.
cited Cited as authority (rule) Tushawn Craig and Marquetta Stokes v. Cornerstone Trading Group, LLC, Seth Smith, City of Richmond, Indiana; City of Richmond, Indiana v. Cornerstone Trading Group, LLC, Seth Smith, My-Way Trading, Inc.
S.D. Ind. · 2026 · confidence medium
The purpose of a motion for reconsideration is to ask the Court to reconsider matters "properly encompassed in a decision on the merits." Osterneck v. Ernst & Whinney, 489 U.S. 169, 174 (1989).
discussed Cited as authority (rule) Christopher D. R. v. Frank Bisignano
S.D. Ind. · 2026 · confidence medium
RELEVANT LEGAL STANDARD The purpose of a motion to alter or amend judgment under Federal Rule of Civil Procedure 59(e) is to ask a court to reconsider matters "properly encompassed in a decision on the merits." Osterneck v. Ernst & Whinney, 489 U.S. 169, 174 (1989).
discussed Cited as authority (rule) Peter Pethtel v. Veterans Roofing PLLC
S.D. Ill. · 2026 · confidence medium
The purpose of a motion to alter or amend judgment under Rule 59(e) is to ask the court to reconsider matters “properly encompassed in a decision on the merits.” Osterneck v. Ernst & Whinney, 489 U.S. 169, 174 (1989).
cited Cited as authority (rule) Terris Radcliffe v. William Gregory O'Herren, George Robert Geiger, CubeSmart TRS, Inc., Shamrock Builders, Inc.; Schindler Elevator Corporation, Eric Probst, Frost Brown Todd, Matthew Delks, Jason Aldridge; Millstone Management, LLC, Adrien Dannemiller
S.D. Ind. · 2026 · confidence medium
The purpose of a motion for reconsideration is to ask the court to reconsider matters "properly encompassed in a decision on the merits." Osterneck v. Ernst & Whinney, 489 U.S. 169, 174 (1989).
cited Cited as authority (rule) Terris Radcliffe v. William Gregory O'Herren, George Robert Geiger, CubeSmart TRS, Inc., Shamrock Builders, Inc.; Schindler Elevator Corporation, Eric Probst, Frost Brown Todd, Matthew Delks, Jason Aldridge; Millstone Management, LLC, Adrien Dannemiller
S.D. Ind. · 2026 · confidence medium
The purpose of a motion for reconsideration is to ask the court to reconsider matters "properly encompassed in a decision on the merits." Osterneck v. Ernst & Whinney, 489 U.S. 169, 174 (1989).
cited Cited as authority (rule) Jorge A. Rodriguez, II v. Indiana University School of Medicine
S.D. Ind. · 2026 · confidence medium
The purpose of a motion for reconsideration is to ask the court to reconsider matters "properly encompassed in a decision on the merits." Osterneck v. Ernst & Whinney, 489 U.S. 169, 174 (1989).
discussed Cited as authority (rule) Federal Deposit Insurance Corporation v. Bank of America, N.A.
D.D.C. · 2026 · confidence medium
After reviewing the parties’ briefs, the court directed the parties to file supplemental briefs addressing whether an award of pre-judgment interest pursuant to Rule 60(a) is appropriate because the Supreme Court has held that a “postjudgment motion for discretionary prejudgment interest constitutes a motion to alter or amend the judgment under Rule 59(e).” ECF No. 404, at 2 (quoting Osterneck v. Ernst & Whinney, 489 U.S. 169, 175 (1989)).
cited Cited as authority (rule) Joseph M. Fusco, III v. Monroe County, New York, Monroe County Clerk, Monroe County Sheriff
W.D.N.Y. · 2026 · confidence medium
Shomo v. Eckert, 755 F. Supp. 3d 344 , 346— 47 (W.D.N.Y. 2024); Osterneck v. Ernst & Whinney, 489 U.S. 169, 174 (1989).
discussed Cited as authority (rule) Daniel Stewart, et al. v. David W. Martin, et al.
S.D. Ohio · 2026 · confidence medium
Plaintiffs’ motion for prejudgment interest stands as a Rule 59(e) motion to alter or amend the judgment at issue because “prejudgment interest ‘is an element of [Plaintiffs’] complete compensation.’” Osterneck v. Ernst & Whitney, 489 U.S. 169, 175 (1989) (quoting West Virginia v. United States, 479 U.S. 305, 310 , and n. 2 (1987); citing also Gen.
discussed Cited as authority (rule) Tina Ferrier v. Harborstone, LLC
S.C. Ct. App. · 2026 · confidence medium
Dep't of Transp., 361 S.C. 9, 22 , 602 S.E.2d 772, 779 (2004) ("Rule 59(e) in the South Carolina and federal rules of civil procedure is practically identical."); id. at 22-23 , 602 S.E.2d at 779 ("[T]he United States Supreme Court explicitly has described a motion under federal Rule 59(e) as one which 'involves reconsideration of matters properly encompassed in a decision on the merits.'" (quoting Osterneck v. Ernst & Whinney, 489 U.S. 169, 174 (1989))); id. at 23, 602 S.E.2d at 779-80 ("Issues and arguments are preserved for appellate review only when they are raised to and ruled on by the […
discussed Cited as authority (rule) Keith Felgemacher v. Judge Mary G. Carney et al.
W.D.N.Y. · 2026 · confidence medium
Nov. 7, 2013) (citing Osterneck v. Ernst & Whitney, 489 U.S. 169, 174 (1989)). 3 As noted above, shortly after moving for reconsideration, Felgemacher filed a notice appealing this Court’s decision of August 6, 2025.
discussed Cited as authority (rule) Cameron McKinney & Caron McKinney v. Sgt. Murray, et al.
S.D. Ill. · 2026 · confidence medium
The purpose of a motion to alter or amend judgment under Rule 59(e) is to ask the court to reconsider matters “properly encompassed in a decision on the merits.” Osterneck v. Ernst & Whinney, 489 U.S. 169, 174 (1989).
discussed Cited as authority (rule) Dale Williamson v. The State of Indiana, Loretta Rush Chief Justice, Indiana Supreme Court Division of State Court Administration, Robert R. Altice, Jr. Chief Justice, Carrie Stiller Judge, Bradley Jacobs Judge
S.D. Ind. · 2025 · confidence medium
LEGAL STANDARD Federal Rule of Civil Procedure 59(e) provides that “[a] motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.” The purpose of a Rule 59(e) motion is to have the court reconsider matters “properly encompassed in a decision on the merits.” Osterneck v. Ernst and Whinney, 489 U.S. 169, 174 (1988).
cited Cited as authority (rule) KOTIS ASSOCIATES, LLC v. United States
Fed. Cl. · 2025 · confidence medium
Osterneck v. Ernst & Whinney, 489 U.S. 169, 175 (1989) (citing Budinich, 486 U.S. at 200 ); Health Republic Ins.
cited Cited as authority (rule) Motorist Commercial Mutual Insurance Company v. Ellison Distributing Inc., Daily Feed & Grain Inc.
S.D. Ind. · 2025 · confidence medium
The purpose of a motion for reconsideration is to ask the Court to reconsider matters "properly encompassed in a decision on the merits." Osterneck v. Ernst & Whinney, 489 U.S. 169, 174 (1989).
discussed Cited as authority (rule) Misty Blanchette Porter, M.D. v. Dartmouth-Hitchcock Medical Center et al.
D. Vt. · 2025 · confidence medium
(Docs. 299, 299-6, 299-7.) Standard A plaintiff’s postjudgment motion for prejudgment interest “constitutes a motion to alter or amend the judgment under Rule 59(e).” See Osterneck v. Ernst & Whinney, 489 U.S. 169, 175 (1989) (holding same with respect to discretionary prejudgment interest); id. at 176 n.3 (explaining that Rule 59(e) also controls when “prejudgment interest is available as a matter of right”).
discussed Cited as authority (rule) Alessi Equip., Inc. v. Am. Piledriving Equip., Inc. (2×) also: Cited "see, e.g."
2d Cir. · 2025 · confidence medium
We 3In Osterneck, the Supreme Court held that “a postjudgment motion for discretionary prejudgment interest constitutes a motion to alter or amend the judgment under [Rule] 59(e).” 489 U.S. at 175 (emphasis added).
cited Cited as authority (rule) Abouelmagd v. Semeniuk
E.D.N.Y · 2025 · confidence medium
Nov. 7, 2013) (citing Osterneck v. Ernst & Whinney, 489 U.S. 169, 174 (1989)).
discussed Cited as authority (rule) Central Copters, Inc. v. Kaman Aerospace Corporation
D. Mont. · 2025 · confidence medium
Prejudgment Interest “[A] post judgment motion for discretionary prejudgment interest constitutes a motion to alter or amend the judgment under Rule 59(e).” Osterneck v. Ernst & Whinney, 489 U.S. 169, 175 (1989).
discussed Cited as authority (rule) Cory B. Lange v. Anchor Glass Container Corporation
S.D. Ind. · 2025 · confidence medium
The purpose of a motion to alter or amend judgment under Rule 59(e) is to ask the Court to reconsider matters "properly encompassed in a decision on the merits." Osterneck v. Ernst & Whinney, 489 U.S. 169, 174 (1989).
cited Cited as authority (rule) Ford Motor Company v. Intermotive, Inc.
E.D. Mich. · 2025 · confidence medium
Osterneck v. Ernst & Whinney, 489 U.S. 169, 175 (1989).
discussed Cited as authority (rule) Quinn v. Doe
N.D. Ohio · 2025 · confidence medium
The purpose of a motion to alter or amend judgment is to have the court reconsider matters “properly encompassed in a decision on the merits.” Osterneck v. Ernst and Whinney, 489 U.S. 169, 174 (1989).
Retrieving the full opinion text from the archive…
OSTERNECK Et Al.
v.
ERNST & WHINNEY
87-1201.
Supreme Court of the United States.
Feb 21, 1989.
489 U.S. 169
1989 U.S. LEXIS 601
Laurie Webb Daniel argued the cause for petitioners. With her on the briefs were Harold T. Daniel, Jr., Keith M. Wiener, and Paul Webb, Jr., Gordon Lee Garrett, Jr., argued the cause for respondent. With him on the brief was William B. B. Smith.
Kennedy.
Cited by 761 opinions  |  Published
12 passages pin-cited by 13 cases
Pinpoint authority: #3,714 of 633,719
Citer courts: Second Circuit (6) · Ninth Circuit (6) · Tenth Circuit (3) · Fifth Circuit (3) · S.D. Florida (3) · S.D. Illinois (3) · D. Kansas (3)
Justice Kennedy

delivered the opinion of the Court.

Federal Rule of Appellate Procedure 4(a)(4) provides that if any party files a timely motion “under Rule 59 [of the Federal Rules of Civil Procedure] to alter or amend the judgment,” a notice of appeal filed before the disposition of that motion “shall have no effect.” In this case, we decide whether a motion for discretionary prejudgment interest filed after the entry of judgment constitutes a Rule 59 motion to alter or amend the judgment and renders ineffective any notice of appeal filed before a ruling on that motion. If we decide the question in the affirmative, we are asked to decide whether this case nevertheless falls within the so-called “unique circumstances” exception to the timely appeal requirement announced in Thompson v. INS, 375 U. S. 384 (1964) (per curiam).

I

The history of this case is complex but can be stated in a summary way. In September 1969, the Cavalier Bag Com[*171] pany merged into E. T. Barwick Industries, Inc. (Barwick Industries). The Osternecks, owners of Cavalier and petitioners here, approved the merger and exchanged their stock in Cavalier for stock in Barwick Industries. In approving the transaction, petitioners allegedly relied on financial statements of Barwick Industries prepared by Ernst & Whinney, an independent certified public accounting firm and the respondent here.

Sometime later, petitioners concluded that Barwick Industries’ financial statements for two years preceding the merger misrepresented the company’s actual financial condition. In 1975, petitioners filed this action alleging violations of §§ 10(b) and 20 of the Securities Exchange Act of 1934, ch. 404, 48 Stat. 891, 899, as amended, 15 U. S. C. §§ 78j(b), 78t (1982 ed. and Supp. IV), Rule 10b-5 thereunder, 17 CFR §240.10b-5 (1975), and Georgia common law. Petitioners named as defendants, among others, Barwick Industries, respondent Ernst & Whinney, and certain directors and officers of Barwick Industries (E. T. Barwick, B. A. Talley, and M. E. Kellar).

After nearly 10 years of pretrial proceedings, the ease finally went to trial in 1984. The jury returned a verdict against Barwick Industries, M. E. Kellar, and B. A. Talley in the amount of $2,632,234 in compensatory damages for violations of the federal securities laws and Georgia common law. The jury found in favor of E. T. Barwick and respondent Ernst & Whinney.

Immediately after the jury verdict was announced, petitioners moved orally for prejudgment interest on the damages assessed against Barwick Industries, M. E. Kellar, and B. A. Talley. The District Judge, not wishing to hear argument on petitioners’ motion at that point, directed petitioners to submit their motion for prejudgment interest in writing within 10 days. He stated:

“The judgment will be entered on this particular verdict as soon as possible, then if prejudgment interest is[*172] granted it will be — the judgment can be amended.” App. 5.

The judgment was filed and entered on the same day, January 30, 1985. Id., at 6-7. On February 11, 1985, petitioners, as directed, filed a written motion for prejudgment interest. Id., at 8-9.

During March 1985, the various parties filed notices of appeal and cross-appeal challenging the January 30 judgment. Of particular importance here, on March 1, 1985, while their motion for prejudgment interest was still pending, petitioners filed a notice of appeal from the January 30, 1985, judgment in favor of E. T. Barwick and respondent Ernst & Whinney. Id., at 34.

The District Court did not rule on petitioners’ motion for prejudgment interest until July 1, 1985. On that date, the court entered an order stating that the final judgment shall be “AMENDED” to reflect an “additional award of [$945,512.85 in] prejudgment interest on the federal securities claim.” Id., at 44. On July 9, 1985, the District Court filed a document captioned “AMENDED JUDGMENT,” stating that the January 30,1985, judgment “is hereby amended by adding thereto . . . [the] award of prejudgment interest,” but shall “remain the same in every other respect.” Id., at 45. After the amended judgment had been entered, petitioners filed one additional notice of appeal on July 31, 1985, captioned as a cross-appeal against M. E. Kellar, B. A. Talley, E. T. Bar-wick, and Barwick Industries. Id., at 46-47. But, and this is the vital fact for purposes of this case, the notice failed to include respondent Ernst & Whinney as a party to the appeal.

The Court of Appeals dismissed petitioners’ appeal as to Ernst & Whinney for lack of jurisdiction, finding that no effective notice had been filed. Osterneck v. E. T. Barwick Industries, Inc., 825 F. 2d 1521 (CA11 1987). The Court of Appeals concluded that petitioners’ February 11, 1985, mo[*173] tion for prejudgment interest was a motion to alter or amend the judgment under Rule 59(e), which rendered ineffective under Federal Rule of Appellate Procedure 4(a)(4) the March 1, 1985, notice of appeal filed before the disposition of the prejudgment interest motion. 825 F. 2d, at 1525-1527. [1] The Court of Appeals rejected petitioners’ contention, based on our decision in White v. New Hampshire Dept. of Employment Security, 455 U. S. 445 (1982), that their motion for prejudgment interest was not a motion to alter or amend the judgment under Rule 59(e) because it merely addressed an issue collateral to the main cause of action. 825 F. 2d, at 1526. The Court of Appeals also rejected petitioners’ contention that our decision in Thompson v. INS, 375 U. S. 384 (1964) (per curiam), required that it hear their appeal because they had relied upon several actions of the District Court which indicated that the January 30, 1985, judgment' was final and appealable notwithstanding the pending motion for prejudgment interest. 825 F. 2d, at 1527-1528.

Petitioners sought review here, and we granted certiorari, 486 U. S. 1042 (1988), to resolve a conflict in the Courts of Appeals over whether a motion for prejudgment interest filed after the entry of judgment constitutes a Rule 59(e) motion to alter or amend the judgment. Cf. Jenkins v. Whittaker Corp., 785 F. 2d 720 (CA9 1986). We also agreed to consider, if necessary, whether the Court of Appeals erred in not entertaining petitioners’ appeal under the reasoning of Thompson, supra. We now affirm.

II

Rule 59(e) of the Federal Rules of Civil Procedure provides that a motion to “alter or amend the judgment” shall be served within 10 days of the entry of judgment. Rule 4(a)(4) of the[*174] Federal Rules of Appellate Procedure provides that a notice of appeal filed while a timely Rule 59(e) motion is pending has no effect. Together, these Rules work to implement the finality requirement of 28 U. S. C. § 1291 by preventing the filing of an effective notice of appeal until the District Court has had an opportunity to dispose of all motions that seek to amend or alter what otherwise might appear to be a final judgment.

A

White v. New Hampshire Dept. of Employment Security, supra, at 451, set the general framework for determining whether a postjudgment motion constitutes a Rule 59(e) motion to alter or amend the judgment. In that case, we held that a request for attorney’s fees under 42 U. S. C. § 1988 was not a Rule 59(e) motion. We stated in White that a postjudgment motion will be considered a Rule 59(e) motion where it involves “reconsideration of matters properly encompassed in a decision on the merits.” 455 U. S., at 451, citing Browder v. Director, Illinois Dept. of Corrections, 434 U. S. 257 (1978). We concluded that a request for attorney’s fees did not fit this description because it raised legal issues “collateral to the main cause of action,” 455 U. S., at 451, requiring an inquiry that was wholly “separate from the decision on the merits,” id., at 451-452. We noted, moreover, that because attorney’s fees under § 1988 are not considered compensation for the injury giving rise to the cause of action, their award was “uniquely separable” from the underlying merits of the controversy. Id., at 452.

We revisited the question of what constitutes a Rule 59(e) motion last Term. In Buchanan v. Stanships, Inc., 485 U. S. 265 (1988), we considered whether a motion for the allowance of costs under Federal Rule of Civil Procedure 54(d) was a motion to alter or amend the judgment. In concluding that it was not, we relied on the fact that Federal Rule of Civil Procedure 58 draws a “sharp distinction” between a district court’s judgment on the merits and an award of costs.[*175] 485 U. S., at 268. Moreover, we observed that, as with the attorney's fees in White, a motion for costs filed under Rule 54(d) “raises issues wholly collateral to the judgment in the main cause of action.” 485 U. S., at 268.

In Budinich v. Becton Dickinson & Co., 486 U. S. 196 (1988), the issue was not whether a particular kind of motion constitutes a Rule 59(e) motion,, but rather the related question whether a judgment is final under 28 U. S. C. § 1291 when a motion for attorney’s fees remains to be resolved. We acknowledged in Budinich that our earlier- decision in White, holding that a request for attorney’s fees under § 1988 was not a Rule 59(e) motion, “all but” answered the finality question. We went on to reiterate that, as a general matter, a request for attorney’s fees is not part of the merits of the underlying action because such fees are not part of the compensation for the plaintiff’s injury but traditionally have been regarded as an element of costs awarded to the prevailing party. 486 U. S., at 199-201.

Under these precedents, the Court of Appeals was correct to conclude that a postjudgment motion for discretionary prejudgment interest constitutes a motion to alter or amend the judgment under Rule 59(e). First, we have repeatedly stated that prejudgment interest “is an element of [plaintiff’s] complete compensation.” West Virginia v. United States, 479 U. S. 305, 310, and n. 2 (1987); see General Motors Corp. v. Devex Corp., 461 U. S. 648, 655-656, and n. 10 (1983). Thus, unlike attorney’s fees, which at common l’aw were regarded as an element of costs and therefore not part of the merits judgment, see Budinich, supra, at 200-201, prejudgment interest traditionally has been considered part of the compensation due plaintiff.

Second, unlike a request for attorney’s fees or a motion for costs,, a motion for discretionary prejjudgment interest does not “raiste] issues wholly collateral' to. the judgment in the main cause of action,” Buchanan, supra, at 268; see White, 455 U. S., at 451, nor does it require an inquiry[*176] wholly “separate from the decision on the merits,” id., at 451-452. In deciding if and how much prejudgment interest should be granted, a district court must examine — or in the case of a postjudgment motion, reexamine — matters encompassed within the merits of the underlying action. For example, in a federal securities action such as this case, a district court will consider a number of factors, including whether prejudgment interest is necessary to compensate the plaintiff fully for his injuries, the degree of personal wrongdoing on the part of the defendant, the availability of alternative investment opportunities to the plaintiff, whether the plaintiff delayed in bringing or prosecuting the action, and other fundamental considerations of fairness. [2] See Norte & Co. v. Huffines, 416 F. 2d 1189, 1191-1192 (CA2 1969), cert. denied sub nom. Muscat v. Norte & Co., 397 U. S. 989 (1970); City National Bank v. American Commonwealth Financial Corp., 608 F. Supp. 941, 943 (WDNC 1985); Fox v. Kane-Miller Corp., 398 F. Supp. 609, 651 (Md. 1975); see also generally Blau v. Lehman, 368 U. S. 403, 414 (1962) (“[IJnterest is not recovered according to a rigid theory of compensation for money withheld, but is given in response to considerations of fairness”). These considerations are intertwined in a significant way with the merits of the plaintiff’s primary case as well as the extent of his damages. Thus, we conclude that a postjudgment motion for discretionary prejudgment interest involves the kind of reconsideration of matters encompassed within the merits of a judgment to which Rule 59(e) was intended to apply. [3]

[*177] Our conclusion that a postjudgment motion for discretionary prejudgment interest is a Rule 59(e) motion also helps further the important goal of avoiding piecemeal appellate review of judgments. Cf. United States v. Hollywood Motor Car Co., 458 U. S. 263, 265 (1982) (“[T]he policy of Congress embodied in [28 U. S. C. § 1291] is inimical to piecemeal appellate review of trial court decisions”). Because Federal Rule of Appellate Procedure 4(a)(4) renders' ineffective any notice of appeal filed while a Rule 59(e) motion is pending, the decision whether a particular pending motion falls under Rule 59(e) will of necessity determine whether an otherwise final judgment is appealable. By preventing appellate review before a postjudgment motion for prejudgment interest is resolved, the rule we adopt today gives added assurance that an appellate court will have the benefit of the district court’s plenary findings with regard to factual and legal issues sub-' sumed in the decision to grant discretionary prejudgment interest, such as the wrongfulness of the defendant’s conduct and the plaintiff’s full damages, as well as other matters of equity bearing on the merits of the litigation. Such information may well be useful to a complete understanding of the district court’s findings on liability and damages. We do not anticipate that our holding will result in undue delays in the entry of a final judgment. Any evidence relating to the[*178] question of prejudgment interest should be available at the time that the other issues in the case are tried, and the district court should be able to dispose of a motion for prejudgment interest within a reasonable time after the entry of verdict.

Ill

Petitioners contend that even if their March 1, 1985, notice of appeal was rendered ineffective by the filing of their motion for prejudgment interest, the Court of Appeals nevertheless should have heard their appeal based on the rationale of Thompson v. INS, 375 U. S. 384 (1964). In that case, the petitioner filed with the District Court a motion for a new trial within 10 days of receiving notice of the entry of judgment, but 12 days after the judgment was entered. Although this motion was in fact untimely, the District Court specifically declared that it had been filed ‘“in ample time.’” Id., at 385. In reliance on this statement, the petitioner in Thompson did not file an appeal from the District Court’s original judgment,, but rather filed a timely appeal from the later denial of his motion for a new trial. Because it found that petitioner’s motion for a new trial was not timely filed, the Court of Appeals dismissed his appeal. In light of these “unique circumstances,” we reversed. Id., at 387. Because petitioner had filed his notice of appeal in reliance on the specific statement of the District Court that his motion for a new trial was timely, we felt that fairness required that the Court of Appeals excuse his untimely appeal. See ibid.

Petitioners contend that the rationale of Thompson is applicable here because certain statements made by the District Court, as well as certain actions taken by the District Court, the District Court Clerk, and the Court of Appeals, led them to believe that their notice of appeal was timely. After reviewing these claims, the Court of Appeals declined to apply the Thompson exception, concluding:

“At no time has the district court or this court ever affirmatively represented to the Osternecks that their ap[*179] peal was timely filed, nor did the Osternecks ever seek such assurance from either court.” 825 F. 2d, at 1528.

After reviewing the record, we conclude that the Court of Appeals was correct in declining to apply our reasoning in Thompson to excuse petitioners’ failure to file an effective notice of appeal. By its terms, Thompson applies only where a party has performed an act which, if properly done, would postpone the deadline for filing his appeal and has received specific assurance by a judicial officer that this act has been properly done. That is not the case here.

The judgment of the Court of Appeals is affirmed.

It is so ordered.

1

The Court of Appeals also found that petitioners’ July 31, 1985, notice of cross-appeal was ineffective as to the judgment in favor of respondent because respondent was not named in that notice. 825 F. 2d, at 1528-1529. Petitioners have not sought review of that ruling in this Court.

2

We do not intend here to specify what factors a district court must consider when deciding under federal law whether to grant prejudgment interest. We offer this list of factors, taken from lower court cases, merely to demonstrate that the inquiry involves issues intertwined to a significant extent with the merits of the underlying controversy.

3

We do not believe the result should be different where prejudgment interest is available as a matter of right. It could be argued that where a party is entitled to prejudgment interest as a matter of right, a reexamination of issues relevant to the underlying merits is not necessary, and there[*177] fore the motion should be deemed collateral in the sense we have used that term. However, mandatory prejudgment interest, no less than discretionary prejudgment interest, serves to “remedy the injury giving rise to the [underlying] action,” Budinich v. Becton Dickinson & Co., 486 U. S. 196, 200 (1988), and in that sense is part of the merits of the district court’s decision. Moreover, as we said last Term in Budinich: “[W]hat is of importance here is not preservation of conceptual consistency in the status of a particular [type of motion] as ‘merits’ or ‘nonmerits,’ but rather preservation of operational consistency and predictability in the overall application of the [finality requirement] of § 1291.” Ibid. “Courts and litigants are best served by the bright-line rule, which accords with traditional understanding,” ibid., that a motion for prejudgment interest implicates the merits of the district court’s judgment.