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· 12/8/1992

Mendes Junior International Company v. M/v Sokai Maru, Atlanta Maritime Corporation and Sanko Kisen Kk

Citations

  • 978 F.2d 920
  • 978 F.3d 920
  • 1992 U.S. App. LEXIS 32108
  • 1992 WL 338078

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • entry of judgment by magistrate judge without the appropriate consent and reference or special order of designation results in a lack of jurisdiction
  • “[A]bsence of the appropriate consent and reference (or special designation) order results in a lack of jurisdiction (or at least fundamental error that may be complained of for the first time on appeal).”
  • “When the magistrate enters judgment pursuant to 28 U.S.C. § 636(c)(1), absence of the appropriate consent and reference (or special designation) order results in a lack of jurisdiction (or at least fundamental error that may be complained of for the first time on appeal).”
  • “It is the law of [the Fifth Circuit] that when judgment on a matter is entered by the district court, and not the magistrate [judge], failure to obtain the consent of the parties to proceeding before the magistrate [judge] is only a procedural error, not a jurisdictional error.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Garza, Garwood, Duhé

Read full opinion on CourtListener

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.