Fed. R. Civ. P. 72(b)(2) – Paul Mollica's Federal Courts Blog

Second Circuit Overrules Clear-Error Standard Sometimes Used by District Courts to Review Report and Recommendations by Federal Magistrate Judges Under Fed. R. Civ. P. 72(b)

In Nambiar v. The Central Orthopedic Group, LLP, No. 24-1103 (2d Cir. Oct. 28, 2025), the Second Circuit disaffirmed the clear-error standard of review applied by some district courts in the circuit to review Report and Recommendations (“R&R”) issued by federal magistrate judges. The panel holds that any portion of an R&R to which aContinue reading “Second Circuit Overrules Clear-Error Standard Sometimes Used by District Courts to Review Report and Recommendations by Federal Magistrate Judges Under Fed. R. Civ. P. 72(b)”