94 Is a LOT of Depositions - in One Case
This is an interesting post from the Delaware Employment Law Blog. It seems that the EEOC filed a multi-plaintiff case with --- shall we say --- rather generalized allegations of wrongdoing by the employer. The employer ultimately was allowed to depose all 94 plaintiffs individually to determine whether their specific individual allegations supported the claims made in the complaint.
This took me back a few decades to the start of my career, when a firm that I worked for represented one of the defendants in the asbestos litigations. Junior associates were assigned to take a turn deposing individual plaintiffs. As aI recall, I took about 100, and then was released from this professional purgatory to resume full-tme the medical malpractice defense and business litigation that were my primary assignments. Puragtory or not, it was a wonderful learning experience. But I digress.
The truth is that in NJ we don't see much of the EEOC. Our state's law is usually more employee-friendly than comparable federal law, so there's usually no need to proceed under federal law or involve the EEOC. The point is, however, that plaintiff attorneys have to be sure that they have their theories worked out and their facts straight before they file a complaint. The alternative can be costly, and could be worse.