Legal

Texas City Sues Fire Department Over Apparatus Titles

Firelawblog.com - 2 hours 55 min ago
The City of Howardwick, Texas has filed suit against the Howardwick Volunteer Fire Department to prevent the fire department from placing the titles and registrations for its apparatus in the fire department’s name. The suit was filed last week in Donley County District Court.
Categories: Legal

LODD Widow Sued For Money Owed On Damaged Bar

Firelawblog.com - Tue, 04/23/2019 - 12:00
There has been an unusual twist in the litigation arising out of the line of duty death of Captain Cory Barr, who was killed in a natural gas explosion in Sun Prairie, Wisconsin last July. Captain Barr’s widow, Abby, is now being sued by Ski and Ski LLC, who sold the Barrs a bar, which was subsequently destroyed in the blast.
Categories: Legal

Georgia Ambulance Company Caught Using Unlicensed Felons

Firelawblog.com - Tue, 04/23/2019 - 08:51
A metro-Atlanta ambulance service has had its EMS license revoked following a local television station’s investigation into the use of non-licensed EMS personnel. Those non-licensed personnel also happen to be felons, one of whom is a registered sex offender.
Categories: Legal

Pennsylvania Junior Program Sexual Assault Case Settled

Firelawblog.com - Mon, 04/22/2019 - 17:32
A lawsuit that alleged a 13-year old girl was sexually assaulted by a fire lieutenant while participating in the department’s junior program has been settled. The family of the victim, who was identified in the pleadings as T.S., filed the suit last year naming Lieutenant Joshua James Ralston and the Trucksville Volunteer Fire Department as defendants.
Categories: Legal

Podcast 26: $3.8 Million Verdict Against Tucson under Nursing Mothers Act – FLSA

Firelawblog.com - Sun, 04/21/2019 - 18:13
In this episode, Curt and Tucson attorney Jeff Jacobson discuss the case of Tucson Firefighter-Paramedic Carrie Clark. On April 12, 2019 a federal court jury awarded Clark $3.8 million for gender discrimination, retaliation, violation of the Nursing Mothers Act and FLSA retaliation. Jeff was Clark’s attorney.
Categories: Legal

Judge Dismisses Washington Fire Department’s FLSA Suit

Firelawblog.com - Thu, 04/18/2019 - 17:53
A pre-emptive lawsuit filed by the Spokane Valley Fire Department in 2017 against IAFF Local 3701 over the issue of overtime for certain chief officers was dismissed today. The unprecedented lawsuit asked the court to determine whether or not battalion chiefs and fire marshals are exempt executives ineligible for overtime under the Fair Labor Standards Act.
Categories: Legal

Families of Two San Antonio Firefighters Sue

Firelawblog.com - Wed, 04/17/2019 - 20:32
The families of two San Antonio firefighters, one of whom died the other who was seriously injured at a fire in 2017, have filed suit against Scott Technologies and the owner of a boxing gym where the fire occurred. Scott Deem was killed and Brad Phipps was seriously injured at a fire in the Spartan Boxing Gym on May 18, 2017.
Categories: Legal

Newark Firefighter Loses Appeal of Termination

Firelawblog.com - Tue, 04/16/2019 - 21:40
A Newark firefighter who was terminated in 2016 after falling asleep in a firehouse kitchen, missing a run, and testing positive for drugs and alcohol, has lost his appeal to the Appellate Division of the NJ Superior Court. Antonio Cruz had asked the court to overturn a decision by the NJ Civil Service Commission
Categories: Legal

Fired Massachusetts Chief Sues Selectmen Alleging Termination Was Political

Firelawblog.com - Mon, 04/15/2019 - 21:20
A Massachusetts fire chief who simultaneously served as a member of the town’s Board of Selectmen, is now suing the board and the other selectmen over his termination last February. Fire Chief Ernest J. Cardillo, Jr. filed suit last week in US District Court accusing the Town of Stockbridge and the selectmen with violating his civil rights under federal and state law.
Categories: Legal

Jury Awards $3.8 Million to Tucson Firefighter Over Nursing Mothers Rights

Firelawblog.com - Sun, 04/14/2019 - 16:54
A federal court jury in Arizona has awarded a Tucson firefighter $3.8 million in damages for the department’s failure to accommodate her needs as a nursing mother. Carrie Clark filed suit in 2014 alleging her fire station did not accommodate her need to express breast milk, and that she was retaliated against once her complaints became known.
Categories: Legal

Burning Question on Retaliation and the FLSA

Firelawblog.com - Thu, 04/11/2019 - 22:23
Today’s burning question: My fire department has been miscalculating our overtime pay, so we filed suit under the Fair Labor Standards Act. The fire department responded by requiring a doctor’s note for all sick leave of two consecutive days or more. Isn’t that retaliation? Answer: Retaliation is a question of fact, but if the fire department did alter your working conditions the department could be facing additional damages for retaliation.
Categories: Legal

Virginia Firefighter Fired Following Trump Inauguration Protest Files Suit

Firelawblog.com - Wed, 04/10/2019 - 14:42
A Henrico County, Virginia firefighter who was arrested for rioting at Presidents Trump’s inauguration in 2017, and was later terminated for lying to investigators, has filed suit in federal court claiming the department violated her 1st Amendment Rights. Rosa Dianne Roncales was fired on April 5, 2017 for “discrepancies” she gave to fire department investigators relative to her involvement in the rioting and vandalism that occurred in Washington, DC on January 20, 2017.
Categories: Legal

Suits Seeks to Block Dissolution of Last Volunteer Fire Department in San Diego County

Firelawblog.com - Tue, 04/09/2019 - 17:37
An attorney who is also running for mayor of San Diego filed suit yesterday on behalf of the last remaining volunteer fire company in San Diego County, seeking to block dissolution of the company by the county. Cory Briggs filed the suit in San Diego County Superior Court on behalf of the Julian-Cuyamaca Fire Protection District against the County of San Diego...
Categories: Legal

NY Firefighter Struck By Motorist Prevails

Firelawblog.com - Mon, 04/08/2019 - 18:42
A New York Supreme Court judge has found that a driver who struck a firefighter directing traffic at the scene of a vehicle accident, is liable to the firefighter and his wife for his injuries. Kyle J. Pierce, a volunteer firefighter with the Sherburne Fire Department, was directing traffic at an accident scene on November 15, 2016 when he was struck by a vehicle operated by Thomas O. Bigelow.
Categories: Legal

Denver Lieutenant Charged In Hidden Cam Peeping Case

Firelawblog.com - Sun, 04/07/2019 - 17:39
A fire lieutenant in Denver has resigned and is facing criminal charges following allegations that he placed a hidden camera in a female firefighter’s room, and then tried to destroy evidence once the camera was discovered. Daniel Flesner is facing felony charges related to his placing of a hidden camera in the dorm room of one of his subordinates
Categories: Legal

Utah Firefighter Files $1.2 Million Suit Over Sexual Assaults

Firelawblog.com - Thu, 04/04/2019 - 18:40
A former Utah firefighter has filed a $1.2 million suit in federal court alleging she was sexually harassed and raped by an assistant chief. Valerie Engstrom claims Assistant Fire Chief Austin James Corry of the Kanosh Volunteer Fire Department harassed her over an extended period of time, and then raped her on three separate occasions.
Categories: Legal

Mass Judge Denies Stay of Civil Service Reinstatement Order

Firelawblog.com - Wed, 04/03/2019 - 19:19
A Suffolk County Superior Court judge has refused the request of the City of Brookline, Massachusetts to stay a Massachusetts Civil Service Commission order to reinstate an African American firefighter who was terminated in 2016. The case involves firefighter Gerald Alston, whose legal problems have been chronicled here on three prior occasions.
Categories: Legal

New Mexico Amends Its Firefighter Bill of Rights

Firelawblog.com - Tue, 04/02/2019 - 19:56
The State on New Mexico has updated its firefighter bill of rights, formally referred to as the Hazardous Duty Officers’ Employer-Employee Relations Act. Governor Michelle Lujan Grisham signed the amendments into law last week. The bill of rights applies to firefighters, EMTs and paramedics employed by the state or political subdivisions of the state who ...
Categories: Legal

Firehouse Toilet Prank Lawsuit Subject to Workers Comp Exclusivity

Firelawblog.com - Mon, 04/01/2019 - 21:04
A New Jersey firefighter who was injured in a firehouse prank in 2015, has lost his suit against the firefighter-perpetrator based upon the workers compensation exclusivity principle. Raymond Johns, a Linden firefighter, was injured when a bang snap exploded as he sat down on a firehouse toilet.
Categories: Legal

Lawsuit Challenging EMS Contract in Tennessee is Dismissed

Firelawblog.com - Sun, 03/31/2019 - 19:53
A lawsuit challenging the award of an EMS provider contract by a Tennessee county to MedicOne Medical Response has been dismissed. The lawsuit was filed earlier this year by Unicoi County resident John Day against the county seeking to block the award to MedicOne because the county failed to "employ an open, fair, and competitive bidding process.”
Categories: Legal

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