A MAJOR SHORT-CUT TO STOP FRIVOLOUS CLAIMS EARLY
Request for Admissions - Employee relations claims: This is a very valuable tool that I never heard of in all my years in business. I recently learned about it from a great lawyer who specializes in product liability defense and is on our counter-attack lawyer list. As soon as you are aware of an unfounded suit, or a government department claim that is frivolous, you prepare a list of questions for the claimant to answer under oath that clearly require lies to keep the suit alive. Phrase the questions so that they will require a "yes" or "no" answer. Send them to the government agent, or, have your lawyer send them to the judge. This can accomplish the following: 1.) When the plaintiff sees how many lies he/she must tell, he/she may drop the suit. 2.) If it becomes obvious to the plaintiff's attorney that the case is unlikely to be successful, he/she may recommend dropping the suit. 3.) If the plaintiff does lie, and you can prove it in the trial and you get a dismissal, your chance of getting sanctions and costs is improved. 4.) This procedure could help to shorten the process and perhaps give a basis for counter suit against the plaintiff and his lawyer. Many lawyers don't push this idea, but it costs little and is worth trying, so pressure them to do it as soon as you get notice. The following is an example where this could have helped: An employee that one of our members had justifiably fired filed a complaint with the government Equal Employment Opportunity Department. After many wasted hours over a year, the claim was dismissed. The ex-employee then sent a complaint to OSHA filled with lies about alleged safety hazards in the plant. After another year of meetings, submission of documents, etc. proved that none of the allegations were true, that complaint was also dismissed. If the Request for Admissions procedure had been used, the case might have been dropped quickly, or, if the government agencies had not cooperated in obtaining answers to the questions submitted, the government could have been sued to recover costs, etc. Note: This procedure can also be used for product liability claims.

For more information, contact Dewey Rainville, HELPP, Inc., 46 Pearl St., North Plainfield, NJ 07060, Phone & FAX 908-757-5900.