Courts to serial litigants: Enough is enough! Lawsuit-happy employees may face fines — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Courts to serial litigants: Enough is enough! Lawsuit-happy employees may face fines

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Some employees and applicants think that if they sue often enough, they’ll eventually end up collecting the pot of gold at the end of the rainbow.

Fortunately, judges don’t like wasting valuable courtroom time on meritless cases. More and more, they are blocking efforts to file additional lawsuits by employees acting as their own lawyers.

Recent case: William Digianni has for years tried to become a New York state-certified teacher. However, he also claims to have a disability that makes it hard for him to pass the certification test without the help of a computer with spell-checking capabilities. Each time he has asked for the accommodation, he has been turned down.

In what had become an annual event, he recently filed yet another lawsuit against New York state and others involved in the testing process. This time, however, the federal judge considering the case warned Digianni that he was blocked from filing any other lawsuits without specific court approval. The judge also warned him that he would be zapped with mone­tary sanctions if he didn’t stop. (Digianni v. Pearson, et al., No. 09-CV-1760, ED NY, 2011)

Final note: While judges are cracking down, that doesn’t mean employers are free to use past litigation against former employers as a ban on hiring. Make sure no one involved in hiring excludes an applicant because of past lawsuits. Instead, focus on the applicant’s qualifications for the job and handle him like all other applicants.

{ 4 comments… read them below or add one }

William DiGianni April 12, 2012 at 10:37 am

Go ask Pearson, what happened to some of their some of their Federal contracts. IE. with the US Department of Labor, US department of Defence?
In the short/or long run people with disabilities today will only get justice with the DOJ. Until the courts including the US Supreme COurt, know what Judishal Ethics are all about. Then maybe one day a person with a disability could have a fair day in court.
Ask EDC’s Chief Judge Dearie about those impeachment charges?



William DiGianni April 12, 2012 at 10:32 am

I am ordering this web site to do their home work, and make the corrections. You owe me an appology. Other wise I will file a charge with the DOJ. you must leve this web page up, just update it with the correct information that the Defendents would not like the world to know. Especially the truth as to what really happened. I give you a few days.
-I am a protected individual who has filed prior Title VII CRA cases, and because of those few title VII, protectes me under Title V. The same Title V (Retaliation) that Chief Judge Dearie hates, and refusses to addmit, and intentionally misinterprits it all the time.
– Failure to make the correct changes would be seen as an act of Retaliation, and would be handeled with the DOJ. Just Like Pearson was, and still is.
P.S. I still intend to file in COurt when ever I feel that I am being Retaliated. EDC hates the fact that I have that Constatutional Right. I challenge Dearie to block me if/when ever I might be retaliated again and choose the courts, but for now I am satisfied with fileing cases with DOJ instead.


William DiGianni April 12, 2012 at 10:24 am

Eastern DIstrict Court never gave me a fair Discovory. All of my cases were closed based on the defendents hear say. Judge DEarie even admitted that he was and will never allow me Discovory. Judge Dearie allows a terrorist to go home, but calls me a “trouble maker”. Judge Dearie never even mentions nor does he ever correctly doccet any of my cases correctly instead of Discrimination/Jobs/Employment. He failed to title in the DOcket sheets as “Title V Retaliation”.
Instead of calling me a “frequent filer”, he never turened to the defendents and saw that in fact they were the frequent retaliators.
I ask that anyone demand Pearson to show you their pgs. 33-35 in their teachers Certification tests Bulliton, and you tell me that the fact that way that they administer the test is discriminatory (not the test itself). In these pages under alternative accomidations, they deliberatly “segragate” the Phisically disabled accomidations to the ones who are “other then Phisical” hence myself. For those who have a Physical Disability they only need a doctors note, but if you have a Learning Disability, we would have to pay thousands of dollors for evaluations and still be denied.
This web site needs to tell the world that there is a Title VII/ 1981(a)- the courts failed to even mention that fact that it clearly covers “Disability”, and not just race. All of my issues were ignored and never interperated in any of the Courts. This is why Obama made an Executive order so that people like me never have to go to court, and yet still protected. All we have to do is go on line and File Federla Charges against any defendent, because the courts are too against disability rights. (Just look at ALL of my cases). If you really look into each of my cases and discet everything then you would see that I was never given a fair day in court.
There are other Branches that could go after New York State/New York CIty, etc… There are other branches that could go after Pearson since they do have Federal Contracts (hence any entity that has a federal Contract, all you have to do is file a charge against them with OFCCP.


William DiGianni April 12, 2012 at 10:08 am

You are completly wrong. First of all, none of my cases ever mentioned that I could not have passed the test, or that the test was discriminatory. You are committing purgury with this b”” sh””t your saying. NEVER have you mentioned that I have filed more then one charges for impechment against Judge Dearie.
I filed at least 2 Impeachment charges against EDC’s Chief judge, for having failed to give me my right to due process. No where do you mention that I did in fact PASS the LAST over a year ago. No where have you mentioned, just like the courts have failed to mention that the fact is that most of my cases in court were “TITLE V RETALIATION CASES. DO YOUR DAM HOMEW WORK.” I am going to give you 48 hours to correct this web page, or I will FILE an FEDERAL CHARGE (NOT IN COURT), but with the US DOJ/EEOC/OFCCP/OCR. Don’t make the same mistake Pearson made in thinking that just because the courts are against Disability Rights that there is nowhere else a person could go to file Federal Charges. You OWE ME AN APPOLOGY!!!.
OH, By the WAY, What Judge Dearie failes to adress, is that Under Title V of the CRA (YES, the ADAAA 2008 is a Civil RIghts Act), No Judge can order any Plantiff to pay any Fees. Never once did Dearie make that order, because he knows that it would have been an automatic impeachment against him. FOR THE RECORD, any individual who has a disability and files a tile VII, is protected under Title V (Retaliation), and no COurt can ever order you to pay. I only stoped fileing in court, because I went to the other branch (EXECUTIVE) for justice. Any individual with a DIsability is better off not filling in COUrt, just go to DOJ. Our Federal COurts are not relyable, only neglagent in allowing individuals with disabilities their right to litigate in court.
THIS WEB SITE HAS 48 hours to correct themselves, or face a Federal CHarge with the Executive Brance (DOJ). I am not jokeing…..


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