The following are summaries of opinions issued by the Fifth Circuit in September 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions.
MAGISTRATE JUDGE REFERRALS: Undisclosed relationship between magistrate judge and plaintiff’s lead counsel may vitiate defendant’s consent to trial before the magistrate.
IFG Port Holdings, LLC v. Lake Charles Harbor & Terminal Dist., No. 22-30398, 2023 WL 6151640 (5th Cir. Sept. 21, 2023).
The Federal Magistrate Act of 1979 allows Article III judges to refer cases to non-Article III magistrate judges upon the consent of the parties. Without consent, referral would be unconstitutional. An Article III judge may vacate a referral under extraordinary circumstances shown by a party.
IFG Port Holdings, LLC, and Lake Charles Harbor & Terminal District consented to have their contract dispute tried before a magistrate judge. The magistrate judge found for the plaintiff, awarding more than $100 million in damages.