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Courts increasingly tough on frivolous litigation

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in Human Resources

Recently, courts have begun to fine pro se litigants who file lawsuits that have no chance of success. That should discourage some former employees from suing without the help of an attorney.

Recent case: Raffaele Pandozy had a history of suing for imagined wrongs. He even tried suing an employer he couldn’t prove he had ever worked for.

Now the 2nd Circuit Court of Appeals has said it’s had enough of such nonsense. The court found Pandozy to be a “vexatious litigant” and upheld fines issued by a lower court. (Pandozy v. Toby, et al., No. 07-4897, 2nd Cir., 2009)

Final note: Has your organization been targeted with frivolous lawsuits? Don’t hesitate to explore seeking sanctions. Have your attorneys check whether the employee has a history of filing frivolous lawsuits. Courts are likely to toss out such cases.

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