· 4/19/2023
Matter of Pil-Yong Yoo v. County of Suffolk
Citations
- 188 N.Y.S.3d 517
- 215 A.D.3d 852
- 2023 NY Slip Op 02008
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that issues raised for the first time in objections to a magistrate judge’s proposed order are “deemed waived”
- finding that waiver applies when a party makes a “novel argument” on objection, but not when a party implicitly raises the issue before the magistrate judge
- identifying Fifth and Sixth Circuit cases applying the continuing-violations doctrine in the PLRA context, as well as numerous district court cases
- acknowledging circuit split with the aid of Kevin Koller, Deciphering De Novo Determinations: Must District Courts Review Objections Not Raised Before a Magistrate Judge?, 111 COLUM. L. REV. 1557, 1557 (2011)
- allowing review of an argument raised sua sponte by the magistrate judge because “[t]he first chance that [Plaintiff] had to respond to this issue was in his objection to the Report and Recommendation.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.