Legal Opinion

Kenneth D. Hajek v. Burlington Northern Railroad Company, a Corporation Montana Rail Inc.

Court of Appeals for the Ninth Circuit

Decided August 5, 1999No. 97-36152PublishedCited by 19 opinions

1Opinion of the Court

KLEINFELD, Circuit Judge:

We dismiss this appeal because the magistrate judge lacked authority to render a judgment, in the absence of express consent by all parties. A local rule provided that consent would be inferred from failure timely to object, but the rule was invalid.

FACTS

Mr. Hajek worked for many years for the Burlington Northern Railroad Company, and then for several years for Montana Rail Link, Inc. Subsequent to his employment, he sued the two railroads for injuries to his back. The case was assigned by the United States District Court for the District of Montana to a United States…

2Cases cited8 opinions

  1. American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
  2. Peretz v. United StatesSupreme Court of the United States · 1991
  3. Alaniz v. California Processors, Inc.Court of Appeals for the Ninth Circuit · 1982
  4. King v. Ionization International, Inc.Court of Appeals for the Seventh Circuit · 1987
  5. American Suzuki Motor Corp. v. Bill Kummer, Inc.Court of Appeals for the Seventh Circuit · 1995

3 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Gomez v. VernonCourt of Appeals for the Ninth Circuit · 2001
  2. United States v. Tommy Martin, Jr.Court of Appeals for the Ninth Circuit · 2000
  3. United States v. Alejandro Ceja-PradoCourt of Appeals for the Ninth Circuit · 2003
  4. In Re Ricoh Co., Ltd. Patent LitigationCourt of Appeals for the Federal Circuit · 2011
  5. Kelvin Allen v. MeyerCourt of Appeals for the Ninth Circuit · 2014

14 more not listed; retrieve them via the Exa API.

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