Fourth Circuit Holds Magistrate Judge Jurisdiction Does Not Require Absent Class Members Consent

• Published date: 22 April 2022
• Law Firm: Foley & Lardner
• Author: Mr Andrew W. Arsht and Jay N. Varon

Federal law delineates a magistrate judge's exercise of jurisdiction over a civil case. Specifically, with the 'consent of the parties,' a magistrate judge may conduct 'any or all proceedings . . . and order the entry of judgement.' 28 U.S.C. ' 636(c)(1). Recently, in McAdams v. Robinson, 26 F.4th 149 (4th Cir. 2022), the Fourth Circuit determined that the word 'parties' in this statute does not include absent class members. Consequently, a magistrate judge may conduct proceedings and enter judgment with the consent of only the named parties.

The case began as a putative consumer class action, when Demetrius and Tamara Robinson alleged that Nationstar Mortgage LLC had violated federal and state law by failing to timely process loss mitigation applications. Six years after the Robinsons filed their case, the named parties submitted...