11th Circuit Reverses Magistrate Judge Torres and Uses Exclamation Point!

We’ve already been through the use of exclamation points in blog posts, in orders, and much delight has been had along the way.

Now, suddenly, out of nowhere, the 11th Circuit has decided to weigh in on the exclamation point debate in a big big way — oh hail, I’ll let the 11th explain it:

Jaguar failed to plead the administrative exemption as an affirmative defense in its Answer. In the fourteen months between the filing of its Answer and the commencement of trial, Jaguar never moved to amend its Answer to include the administrative exemption. Jaguar also did not raise the issue of the administrative exemption during discovery. The only time Jaguar raised the issue prior to trial was by inserting it in one line of the Joint Pretrial Stipulation and in the proposed Joint Jury Instructions, to which Diaz objected. Jaguar did not raise the issue during the pretrial conference and the district court did not include the issue in its Omnibus Order Following Pretrial Conference. If ever there were a classic case of waiver, this is it!

You don’t say!!

(You can check out the docket below here).