Van Asdale v. Int’l Game Tech.

The postjudgment interest rate to be applied on an award of back wages as a result of a whistleblower case arising under the Sarbanes-Oxley Act is to be the same rate as applied to all civil cases that arise in federal district court.

Shawn Van Asdale, a former employee of International Game Technology ("IGT") brought this action via provisions of the Sarbanes-Oxley Act for whistleblower protection. After multiple trips between the trial court and the Ninth Circuit, final judgment was entered in favor of Van Asdale and included an award for back wages. Following the second appeal where the matter was decided in favor of Van Asdale, Van Asdale filed a motion seeking fees and postjudment interest where they were seeking interest on the judgment to be applied as instructed under 26 U.S.C. § 6621, to which IGT argued that the interest rate to be applied should be found in 28 U.S.C. § 1961. The Ninth Circuit held, as a matter of first impression, that the postjudgment interest rate to be applied on an award of back wages as a result of a whistleblower case arising under the Sarbanes-Oxley Act is to be the same rate as applied to all civil cases that arise in federal district court. MOTION GRANTED.