11th Circ. Pushes For New Plain Error Standard

Law360, New York (May 7, 2013, 7:29 PM EDT) -- The Eleventh Circuit on Tuesday recommended a rule change in civil cases that would impose legal consequences on a party who fails to object to either factual findings or legal conclusions in a magistrate judge's report and recommendation.

Under the circuit's current rule, which was adopted in 1982, a party's failure to object to factual findings limits the scope of plain error review and a failure to object to legal conclusions does not preclude the party from challenging those conclusions on appeal.

According to a three-judge...
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