Legal

Wilmington Brownout LODD Suit Filed

Firelawblog.com - Thu, 08/16/2018 - 19:36
The long-awaited suit brought by three seriously injured Wilmington, Delaware firefighters along with the families of three firefighters who died in a building fire in 2016 was filed today in US District Court for the District of Delaware. The fire on September 24, 2016 claimed the lives of Lieutenant Christopher Leach, FF Ardythe Hope, and FF Jerry Fickes.
Categories: Legal

Demo Derby Injury Prompts Suit Against Ohio Fire Department

Firelawblog.com - Wed, 08/15/2018 - 20:58
A man who was injured at a demolition derby hosted by an Ohio fire department has filed suit against the department and two of its organizers. Jeffrey Gilger filed suit against the Negley Volunteer Fire Department Association and two event organizers claiming that he was injured at an event at the Rogers fire station on October 8, 2017.
Categories: Legal

Missouri Local Files Three Suits Over Pay Issues

Firelawblog.com - Tue, 08/14/2018 - 21:26
Firefighters in St. Charles, Missouri have filed three suits against the city alleging the city has been underpaying them. St. Charles Firefighters IAFF Local 757 claims the city owes them over $300,000 and the dispute is driving firefighters out of the department.
Categories: Legal

Pennsylvania Teen Charged With Stealing Fire Truck

Firelawblog.com - Mon, 08/13/2018 - 20:18
A former junior firefighter with the Strinestown Community Fire Department has been charged with stealing one of the department’s fire trucks and taking it for a joyride last Sunday. The youth was observed on surveillance video using a stolen Ford Explorer to push in an overhead door to access the fire station.
Categories: Legal

Texas Lieutenant Loses Progressive Discipline Appeal

Firelawblog.com - Sun, 08/12/2018 - 19:33
A Texas lieutenant who was suspended indefinitely for being rude on an emergency run, and who convinced an independent hearing examiner that the penalty violated principles of progressive discipline, has lost his appeal to keep his job. Lt. Fabian Scott Butler of the Big Spring Fire Department was suspended following a run to the Federal Correction Institute at Big Spring.
Categories: Legal

Burning Question on Different Rates Of Pay

Firelawblog.com - Thu, 08/09/2018 - 16:57
Today’s burning question: Can a municipality change your pay rate depending on the job/situation? Answer: There is nothing in the Fair Labor Standards Act that prohibits an employer from playing employees different rates of pay when working in different jobs, or even working the same job at different times.
Categories: Legal

LA Firefighter Sues for Race Discrimination

Firelawblog.com - Wed, 08/08/2018 - 16:25
A veteran Los Angeles City firefighter has filed suit against the city and up to 100 unnamed firefighters claiming he was harassed and discriminated against because he is African American, and then retaliated against once he complained. Firefighter-Paramedic Emanuel Brown filed the suit Monday in Los Angeles County Superior Court.
Categories: Legal

Nevada Firefighter Union Sued By Mayoral Candidate

Firelawblog.com - Tue, 08/07/2018 - 19:31
A Nevada man who ran an unsuccessful campaign for mayor of the town of Fernley has filed suit against a firefighters’ union that he claims defamed him during the campaign. Ryan Hanan filed suit last month accusing IAFF Local 4547, North Lyon County Firefighters Association, of defaming him on Facebook by posting false statements about his service as a firefighter.
Categories: Legal

Florida Appeals Court Rules Against Former Palm Beach Battalion Chief

Firelawblog.com - Mon, 08/06/2018 - 22:09
A Florida appellate court has ruled against a former battalion chief who sued the Town of Palm Beach following his demotion and termination. Former Battalion Chief Jason Weeks sued the town for fraud, conspiracy to defame, negligent supervision, negligent interference with a prospective advantageous business relationship, and denial of due process.
Categories: Legal

RI Union President Sues Town

Firelawblog.com - Sun, 08/05/2018 - 15:15
Another lawsuit has been filed in the ongoing battle between the firefighters and the town administration in East Greenwich, Rhode Island. IAFF Local 3328 union president William Perry filed suit against the town, Town Council President Sue Cieniki, Town Manager Gail Corrigan, and Finance Director Linda Dykeman alleging violations of the Rhode Island Civil Rights Act and the Rhode Island Fair Employment Practices Act.
Categories: Legal

Greek Wildland Fire Prompts Lawsuit

Firelawblog.com - Thu, 08/02/2018 - 16:38
A wildland fire that claimed the lives of at least 91 people in the Greek village of Mati on July 23, has already sparked a lawsuit by the relatives of two of the victims. The victims, 70-year-old Vassilis Katsargyris and 73-year-old Maria Pagomenou were trying to evacuate their home in the neighborhood of Neos Voutzas when they were trapped by the fire.
Categories: Legal

Indiana AG Sues Former Fire Department Treasurer for Over $575k

Firelawblog.com - Wed, 08/01/2018 - 21:15
The attorney general for Indiana has filed suit against the former treasurer of a volunteer fire department to recover not only the $185k in department funds he is accused of misappropriating plus $50k in additional costs the department incurred, but a statutory damage award of three times the fire department’s actual damages for a total of $575k.
Categories: Legal

Illinois Appeals Court Agrees With Union That Residency Award Invalid

Firelawblog.com - Tue, 07/31/2018 - 19:38
An Illinois appeals court has upheld a decision that a firefighter’s union cannot be compelled to bargain over a residency requirement. The case involved the Oak Lawn Professional Firefighters Association IAFF Local 3405 and the Village of Oak Lawn, who were negotiating a collective bargaining agreement for 2015-2017.
Categories: Legal

Hawaii Firefighter Loses Stress Related Discrimination Suit

Firelawblog.com - Mon, 07/30/2018 - 21:00
A lieutenant who was initially demoted and then fired due to his inability to function under stress, has lost his lawsuit claiming disability discrimination. Randy L. Baab, a firefighter at the Pacific Missile Range Facility, claims he developed a stress related disability in 2014 after an assistant chief “yelled at” him during a training exercise.
Categories: Legal

South Carolina Firefighter Sues Over Dyslexia-Related Discrimination

Firelawblog.com - Sun, 07/29/2018 - 19:17
A South Carolina volunteer firefighter who claims he was passed over as a full-timer because of his dyslexia has filed suit alleging disability discrimination. Christopher Gallagher filed suit last month accusing the Surfside Beach Fire Department of violating the American With Disability Act Amendment Act (ADAAA).
Categories: Legal

Delaware LODD Prompts Suit Over Non-Locking Carabiner

Firelawblog.com - Sat, 07/28/2018 - 15:16
The estate of a Delaware firefighter killed in a helicopter training exercise in 2016 has filed suit against the companies that sold the harness system he was wearing when he fell to his death. Timothy McClanahan died when he fell about 100 feet from a Delaware State Police helicopter during a hoist training exercise.
Categories: Legal

Spokane Fire Issues Punishment Following Harassment Investigation

Firelawblog.com - Wed, 07/25/2018 - 18:51
The Spokane Fire Department has announced that it will be disciplining five firefighters following an investigation into sexual harassment and bullying in the department. Fire Chief Brian Schaeffer and IAFF Local 29 President Randy Marler issued a joint statement yesterday.
Categories: Legal

First Amendment and Photography Question

Firelawblog.com - Tue, 07/24/2018 - 21:11
Today’s burning question: If the First Amendment gives people the right to film us in public doing our job, doesn’t it also give a firefighter the right to film while on duty? Our chief says we surrender our First Amendment Rights when we are on duty. How can that be?
Categories: Legal

Ventura Joins Parties Suing Utility For Thomas Fire

Firelawblog.com - Mon, 07/23/2018 - 17:31
The City of Ventura has joined a growing number of parties suing Southern California Edison over the Thomas Fire last year. The lawsuit claims that the utility is responsible for causing the fire that began December 4, 2017.
Categories: Legal

Podcast 25: Illinois Fire Protection District Files Opioid Lawsuit

Firelawblog.com - Sun, 07/22/2018 - 08:39
The Orland Park Fire Protection District joined 13 Illinois communities in filing suit against drug manufacturers and distributors over the opioid epidemic. In this episode, Curt discusses the suit with attorney Ari Schrag, who represents Orland Park.
Categories: Legal
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