Tag Archives: Federal Magistrates Act

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”