Class Actions 101: In Their Own Words: Deposing—and Often Exposing—Plaintiffs

The nature of a class action requires defendants to think beyond the story or situation posed by one single plaintiff. When facing a lawsuit that potentially challenges a large-scale business practice or procedure, counsel often must focus on big-picture systemic issues that may affect hundreds or thousands of people. Yet sometimes, the deposition of a single person—the proposed class representative, commonly referred to as the “named plaintiff”—can elicit facts that tear the entire class action apart. This post provides examples of how deposition testimony can discredit the named plaintiff and upset his or her chances at obtaining class certification and explains how defense counsel can elicit facts from a plaintiff that will summarily defeat his or her own case.