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Civil Procedure — waiver

United States Court of Appeals For the Seventh Circuit


Civil Procedure — waiver

Where a plaintiff agreed to proceed with the original empaneled jury, despite the court’s offer to select a new jury, he waived any objection to the panel.

“Washington explicitly agreed to proceed with the originally-selected jury when asked by the district court judge if he wished to do so. As we have previously noted, a more obvious intentional relinquishment of a known right is hard to imagine. Id. at 753. This is a textbook example of waiver. Washington tries to argue that because he was not present at sidebar, he did not know of the for-cause challenge to Juror Evans, and thus could not have intentionally relinquished any right. But an attorney is the agent of her client, and an agent’s knowledge is imputed to her principal. Bakery Mach. & Fabrication, Inc. v. Traditional Baking, Inc., 570 F.3d 845, 848 (7th Cir. 2009) (attorney is agent of client); Frey v. Fraser Yachts, 29 F.3d 1153, 1158 (7th Cir. 1994) (knowledge of attorney imputed to client).”


12-3042 Washington v. Parkinson


Appeal from the United States District Court for the Northern District of Illinois, Kendall, J., Kanne, J.

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