Legal

Podcast # 27: Compensation for EMS Training Time

Firelawblog.com - 9 hours 31 min ago
In this episode, Curt discusses an FLSA lawsuit filed by a Memphis firefighter, Jon Misewicz, over the issue of whether firefighters have to be compensated for attending mandatory paramedic training. Misewizc v. City of Memphis is the definitive ruling on the compensability of EMS training time for firefighters.
Categories: Legal

More LA Firefighters Join SoCalGas Suit

Firelawblog.com - Wed, 08/21/2019 - 18:32
A lawsuit filed last October by 29 Los Angeles firefighters against Southern California Gas Company is in the headlines again as word that additional firefighters are continuing to sign on to the suit. The suit alleges SoCalGas knowingly exposed the firefighters to hazardous levels of toxins like benzene and formaldehyde during a leak in 2015-2016 in Aliso Canyon, but concealed the dangers.
Categories: Legal

Arkansas Firefighters Not Liable For Fire Deaths

Firelawblog.com - Tue, 08/20/2019 - 17:08
A federal appeals court has ruled that the Jacksonville, Arkansas Fire Department and five of its firefighters cannot be held liable for the deaths of a mother and her four children in an apartment fire in 2012. The fire occurred in the early morning hours of March 22, 2012, killing Marilyn Beavers and her children, Dequan, Syndi, Haylee, and Emily.
Categories: Legal

Buffalo Firefighter Sues City For Burn Injuries at Fire

Firelawblog.com - Mon, 08/19/2019 - 20:28
A Buffalo firefighter who was injured last January in a house fire, has filed suit against the city claiming that numerous safety and health violations caused his injuries. Eric Whitehead suffered severe burns to both of his hands, which required him to undergo several surgeries and spend six weeks in the local burn unit
Categories: Legal

First Suit Filed Over Florida’s Firefighter Cancer Presumption Law

Firelawblog.com - Sun, 08/18/2019 - 19:54
A St. Petersburg fire lieutenant who was diagnosed with cancer last year, and who was denied coverage under Florida’s newly enacted cancer presumption law, has filed suit. Lt. Jason Francis filed suit against the city of St. Petersburg. He filed for benefits under Florida Statutes 112.1816 on July 1, 2019, which incidentally was the day the law went into effect.
Categories: Legal

Shreveport Firefighter’s Termination for Domestic Violence Upheld

Firelawblog.com - Thu, 08/15/2019 - 20:22
A Shreveport firefighter who was disciplined for an act of violence against a woman in front of a fire station in January 2015, and then terminated following a second incident with a different woman in November, 2015, has lost his appeal for reinstatement before the Louisiana Court of Appeals.
Categories: Legal

Georgia Chief Sues Colleagues For Age Discrimination Over Alcohol Allegations

Firelawblog.com - Wed, 08/14/2019 - 22:18
A deputy chief from Warner Robins, Georgia has filed suit against the city, the mayor and four chief officers claiming age discrimination following an incident in July, 2018 where he was accused of responding to a fire under the influence. Deputy Chief Robert S. Wood filed suit in US District Court for the Middle District of Georgia last week naming...
Categories: Legal

Memphis Lieutenant Properly Terminated After Failing Second Drug Test

Firelawblog.com - Tue, 08/13/2019 - 21:15
A Memphis lieutenant who was terminated for testing positive for marijuana a second time, has lost his appeal to be reinstated. The Tennessee Court of Appeals handed down its ruling yesterday in the case of Lt. Marlon Cooper.
Categories: Legal

FDNY Reverse Discrimination and Retaliation Suit Will Continue

Firelawblog.com - Mon, 08/12/2019 - 20:39
An FDNY battalion chief who claims he was subjected to reverse discrimination and retaliation after reporting rumors about paramedic having sex with a firefighter in his fire station, has lost 13 of the 20 counts in his lawsuit, but he will be allowed to proceed on the remaining seven against the city and FDNY.
Categories: Legal

Montana Firefighter Facing Sexual Assault Charges

Firelawblog.com - Sun, 08/11/2019 - 15:22
A Montana firefighter is facing criminal charges for falsely telling two young women they needed to evacuate due to an approaching wildland fire, and then sexually assaulting them. Edward Chevallier, 55, is facing a total of four charges stemming from an evacuation order he gave to the women which he attributed to the Horesefly fire.
Categories: Legal

Indiana Volunteer Sentenced to Six Years In Prison for Fatal DUI That Killed Another Firefighter

Firelawblog.com - Thu, 08/08/2019 - 13:09
A volunteer firefighter who struck and killed another volunteer firefighter at the scene of a previous accident, has been sentenced to six years in prison for drunk driving. Colby Blake was sentenced yesterday in Daviess County, Indiana.
Categories: Legal

BWI Settles Discrimination Suit With Medic

Firelawblog.com - Wed, 08/07/2019 - 15:49
The Maryland Aviation Administration has reached a settlement with a paramedic who claimed she was the victim of gender discrimination and retaliation while working at BWI. Barbara Lowman claimed she was passed over for promotion to EMS Division Chief in 2015 in favor of a less-qualified man.
Categories: Legal

Ohio Appeals Court Refuses to Dismiss Fire Department From Tow Truck Suit

Firelawblog.com - Tue, 08/06/2019 - 15:51
The Court of Appeals of Ohio has refused to dismiss a fire department from a lawsuit brought by the owner of a dump truck that was damaged by a towing company following an accident. DSS Services, LLC, is suing the Pleasant Township Fire Department and Eitel's Towing, LCC over an incident that occurred on October 31, 2017.
Categories: Legal

Injury at Connecticut Fundraising Event Prompts Suit

Firelawblog.com - Mon, 08/05/2019 - 17:07
The father of a man injured during a mishap at a Connecticut volunteer fire department’s fundraising event last August has filed suit. Timothy Meeker, Sr. filed suit against the Bridgewater Fire Department claiming his son was injured while riding on an antique tractor that was being used to pull vehicles that had become stuck in mud.
Categories: Legal

EEOC Sues AMR For Pregnancy Discrimination

Firelawblog.com - Sun, 08/04/2019 - 18:55
The US Equal Employment Opportunity Commission has filed suit against American Medical Response, accusing it of discriminating against pregnant workers. The suit was filed in US District Court for the Eastern District of Washington on behalf of Katherine Hall, a paramedic for AMR in Spokane.
Categories: Legal

Today’s Burning Question: Should The Loser Pay?

Firelawblog.com - Thu, 08/01/2019 - 21:03
Today’s Burning Question: If someone files suit against a fire department and loses, shouldn’t they have to pay the city’s legal bills? Answer: That is not how our legal system works. Let’s use a recent case out of Sebring, Florida to better understand the issues.
Categories: Legal

Montana VFD Latest Victim of Pink Collar Theft

Firelawblog.com - Wed, 07/31/2019 - 18:41
The secretary of a Montana volunteer fire department’s auxiliary board is accused of stealing $60,000 from the organization. Annie Morigeau is charged with theft and forgery from the Saint Ignatius Volunteer Fire Department’s Auxiliary Board.
Categories: Legal

RI Town Reinstates Lieutenant Fired at Height of Labor Dispute

Firelawblog.com - Tue, 07/30/2019 - 19:16
A Rhode Island fire lieutenant who was terminated last year during a contentious battle between town officials and firefighters, has been reinstated as part of the settlement of a number of outstanding legal issues. The Town of East Greenwich agreed to reinstate Lieutenant Robert Warner. Lt. Warner was terminated for insubordination and conduct unbecoming.
Categories: Legal

Georgia Firefighters Caught Up In Tax Return Scam

Firelawblog.com - Mon, 07/29/2019 - 20:35
An income tax return preparer in Georgia that catered to firefighters is being investigated for tax fraud, and now the state is reviewing the returns of 1,400 taxpayers, most of whom are firefighters. The Georgia Department of Revenue has confirmed it is reviewing 1,400 returns prepared by Kim Griffin’s Tax Time.
Categories: Legal

Long Beach Firefighter Will Not Be Charged For Punching Innocent Suspect

Firelawblog.com - Sun, 07/28/2019 - 20:22
A Long Beach, California firefighter who punched an elderly man he believed had just murdered one of his colleagues, will not be facing criminal charges. However, he will likely find himself a defendant in a federal civil rights lawsuit brought by the man and his wife.
Categories: Legal

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