627 F.3d 1212
11th Cir.2010Background
- Diaz worked as a bookkeeper for Jaguar from Dec 2004 to Mar 2008 and performed numerous administrative tasks beyond bookkeeping.
- Diaz was not compensated for overtime hours despite long weekly hours.
- Diaz filed a FLSA overtime action on Aug 20, 2008.
- Jaguar did not plead administrative exemption as a defense in its Answer; it raised it later.
- Discovery and pretrial proceedings included proposed joint jury instructions referencing administrative exemption; the district court did not include it in the pretrial order.
- Trial commenced Oct 20, 2009; Jaguar sought to amend its Answer to include the administrative exemption after evidence introduced; the district court allowed the amendment, and the jury found Diaz worked overtime but exempt as administrative employee; on appeal, the district court’s amendment decision is reversed and remanded for damages trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of administrative exemption defense | Diaz: Jaguar waived by not pleading it. | Jaguar: exception exists for implied consent. | Waiver not upheld; reversal advised. |
| Implied consent via trial | Diaz: no consent to new issue. | Jaguar: evidence showed implied consent. | No implied consent; improper amendment. |
| Authority to amend during trial | Amendment was improper given waiver and lack of notice. | Amendment allowed if tried by consent. | District court abused discretion. |
| Remand for damages trial | Need damages separate from liability. | Damages to be determined anew. | Remand for damages trial. |
Key Cases Cited
- Latimer v. Roaring Toyz, Inc., 601 F.3d 1224 (11th Cir. 2010) (waiver of affirmative defenses when not pleaded)
- Wesco Mfg., Inc. v. Tropical Attractions of Palm Beach, Inc., 833 F.2d 1484 (11th Cir. 1987) (evidence related to pleaded issues cannot signal new issues)
- Jimenez v. Tuna Vessel Granada, 652 F.2d 415 (5th Cir. 1981) (evidence relevance to new issue requires notice)
- Seminole Sheet Metal Co. v. SCI, Inc., 828 F.2d 671 (11th Cir. 1987) (implied consent requires clear notice of new issue)
- Steger v. Gen. Elec. Co., 318 F.3d 1066 (11th Cir. 2003) (issues not pleaded can be tried with implied consent)
- Combee v. Shell Oil Co., 615 F.2d 698 (5th Cir. 1980) (trial remedy to conform to evidence; standard for amendments)