Whitehead ex rel. Whitehead v. Margel

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding defendants can implicitly waive the rule’s protections by seeking judgment on the merits
• noting that “a defendant can waive any objection to a decision on the merits prior to, or simultaneous with, a decision on class certification” by moving for summary judgment prior to class certification
• denying motion to decertify despite several years delay in serving notice, where “[cjounsel have otherwise been diligent in prosecuting this action, and the interests of the class would not be seiwed in any way by decertification”
• “[C]ourts have generally not taken a strict approach with regard to the form of the written consent, as least with respect to named plaintiffs.”
• “[T]he defendant mov[ing] for summary judgment prior to class certification” impliedly waives any objection to pre-certification summary judgment review (emphasis in original)
• “In general, all that is required is a signed statement indicating the plaintiff’s intent, and consent, to participate as a plaintiff in the collective action.”

Source: CourtListener parenthetical corpus (CC0).