Tag Archives: Implied Consent

District Court Erred Under Fed. R. Civ. P. 15(b) in Conforming Pleadings to Trial Evidence to Allow an Unpled Claim of Retaliation to Go to the Jury, First Circuit Holds

In DiFronzo v. City of Somerville, No. 25-1210 (1st Cir. Sept. 21, 2026), the First Circuit reverses in part a judgment in favor of the plaintiff in a First Amendment retaliation case, holding that one of the plaintiff’s theories at trial—that he was placed on forced leave after being reinstated—was neither pled nor consented toContinue reading “District Court Erred Under Fed. R. Civ. P. 15(b) in Conforming Pleadings to Trial Evidence to Allow an Unpled Claim of Retaliation to Go to the Jury, First Circuit Holds”

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”