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· 8/15/2014

Van Asdale v. International Game Technology

Citations

  • 763 F.3d 1089
  • 38 I.E.R. Cas. (BNA) 1633
  • 2014 WL 3973388
  • 2014 U.S. App. LEXIS 15759
  • 98 Empl. Prac. Dec. (CCH) 45,127

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that the underpayment rate is applied to cases that proceed through the administrative process commence within DOL, while the 28 U.S.C. § 1961 rate governs post- judgment interest calculations in cases involving district court judgments
  • applying Skidmore deference to the Department of Labor’s view on the appropriate statutory interpretation of a damages provision in the Sarbanes-Oxley Act of 2002, as expressed in the agency’s amicus brief
  • deferring to the ASARCO V. ATLANTIC RICHFIELD 17 Secretary of Labor’s amicus brief
  • reasoning “we need not resolve in this case whether 15 prejudgment interest and postjudgment interest awards in Sarbanes–Oxley cases 16 must be based on the same interest rate” because the defendant “failed to raise this 17 issue before the district court”
  • “We have ‘construe[d] the language of section 1961 to be mandatory in cases awarding post judgment interest,’ including cases seeking back pay.”
  • deferring to the Secretary of Labor’s amicus brief

Source: CourtListener parenthetical corpus (CC0).

Judges: Wallace, Thomas, Bybee

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.