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California court lets 440 Tesla workers keep bias claims joined

The sticking point was a rule called joinder. In plain terms, joinder lets several plaintiffs sue in one case. Misjoinder is a ruling that they do not belong together. The trial court found “inappropriate joinder of plaintiffs” and told everyone except the first name on each complaint to drop out and refile alone.
The appeals court saw it differently. California lets plaintiffs sue together when their claims come from the “same transaction, occurrence, or series of transactions or occurrences.” The workers alleged that Tesla followed a “common” policy of ignoring “racist conduct” at the plant. That shared thread, the court held, was enough to let the claims proceed as filed.
What the workers allege matters here. According to the complaints, employees were “subjected to similar race-based harassment” and worked “under the same common policies or procedures.” They alleged that Tesla’s “practice was not to systematically and consistently address racist conduct.” The earlier class-action complaint, folded into these cases, alleged that workers were called the N-word by other employees and supervisors. Because the case is still at the pleadings stage, the court said, it had to treat the allegations as true for now – a standard step that decides nothing about whether they are.
The core of the decision is short: a court cannot block properly joined workers from suing together just because the case looks hard to run. Manageability, the judges said, is not a reason to find misjoinder.
They were not unsympathetic. With 440 plaintiffs, each pointing to different incidents and different harm, the trial court’s task is, in the court’s word, “formidable.” But the judges laid out other options – splitting trials apart, having plaintiffs keep tracking spreadsheets, and, if that is not enough, leaving the fix to the Legislature.
Read the full article here

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