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If a suing worker may have litigious past, alert attorney

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The grapevine sometimes is very effective. When an employee decides to sue an employer, chances are he has discussed it with someone at work. That someone may also know that the employee has sued others in the past.

Let your attorney know about the rumor. He or she can then ask the employee about his history and may be able to show the court it has a serial litigant on its hands. That’s useful to know if you suspect he lied during a deposition.

Recent case: When Anthony Barbee sued his former employer, the employer’s attorneys asked him about prior litigation. Barbee was evasive, stating he couldn’t remember if he had ever been deposed in the past. It turned out he had been involved in 22 prior lawsuits. The court admitted that evidence, allowing the jury to hear about it. (Barbee v. SEPTA, No. 07-1682, 3rd Cir., 2009)

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