In its merits filing, NCLC urged the Alabama Supreme Court to order the trial court to reconsider the draconian, so-called “death penalty,” sanctions it imposed on the defendants for failing to properly designate witnesses who could testify to facts reasonably available to the company. In this case, the plaintiffs requested that the defendants designate a limited number of witnesses who could testify to a large array of facts over a twenty year period. The companies countered that it would be impossible to submit a list of any fewer than eleven witnesses. The trial court disagreed, and entered a virtual default judgment against them. In its amicus brief, NCLC described the discovery landscape faced by large corporations served with 30(b)(6) notices and the detrimental impact the trial court’s decision will have on discovery in Alabama cases.