Tag Archives: 28 U.S.C. § 636(c)(1)

District Court Judge Who Turned Jury Trial Over to a Magistrate to Catch His Flight Voided the Verdict, Holds Eleventh Circuit

In TB Foods USA, LLC v. American Mariculture, Inc., No. 22-12936 (11th Cir. June 18, 2024), the Eleventh Circuit holds that even when the parties agree to a substitution of a magistrate judge to receive the verdict at the end of a jury trial, they do not necessarily consent to the magistrate performing Article IIIContinue reading “District Court Judge Who Turned Jury Trial Over to a Magistrate to Catch His Flight Voided the Verdict, Holds Eleventh Circuit”

Federal Magistrate Judge Lacked Subject-Matter Jurisdiction to Dismiss Plaintiff’s Complaint Where Defendants Had Not Yet Appeared and Consented, Holds Third Circuit

In Burton v. Schamp, No. 18-1174 (3d Cir. Feb. 3, 2022), the Third Circuit—hearing two consolidated prisoner appeals—holds that the failure of unserved defendants to consent to a U.S. federal magistrate judge (magistrate) before the complaint is dismissed deprives the magistrate of subject-matter jurisdiction under 28 U.S.C. § 636(c)(1). The panel rejects defendants’ arguments in supportContinue reading “Federal Magistrate Judge Lacked Subject-Matter Jurisdiction to Dismiss Plaintiff’s Complaint Where Defendants Had Not Yet Appeared and Consented, Holds Third Circuit”

Foreclosure Case Crumbles Because Bank Expressly Declined Consent to Proceed Before Magistrate Judge, Holds Fifth Circuit

In PNC Bank, NA v. Ruiz, No. 20-50255 (5th Cir. Mar. 2, 2021), the Fifth Circuit vacates a summary judgment because there was no record that the bank ever consented to the case proceeding before a U.S. magistrate judge. Plaintiff “Ruiz and her husband … obtained a home equity loan (‘the loan’) from National CityContinue reading “Foreclosure Case Crumbles Because Bank Expressly Declined Consent to Proceed Before Magistrate Judge, Holds Fifth Circuit”