Legal

Pennsylvania Supreme Court Rules In Favor of Strong Cancer Presumption in Firefighters

Firelawblog.com - Mon, 10/22/2018 - 21:31
The Pennsylvania Supreme Court handed down a decision last week upholding the cancer presumption act for firefighters by reversing a lower court ruling that would have gutted it. The decision required the court to reject the city’s position that would have made it harder for firefighters to establish the presumption and easier for cities to rebut it.
Categories: Legal

Lawsuit Accuses Louisiana Fire District of Whistleblower Retaliation

Firelawblog.com - Sun, 10/21/2018 - 20:22
A former administrator from St. Tammany Parish Fire District 12 has filed suit claiming he was forced to resign in 2015 in retaliation for his whistleblowing. Ray Newton served as a financial manager for the district.
Categories: Legal

Federal Claims Dismissed in Arizona EMS Assault Case

Firelawblog.com - Thu, 10/18/2018 - 19:07
A lawsuit filed in 2015 against the City of Glendale and two Glendale firefighters over an altercation with a patient has been partially resolved by a US District Court judge. Chief District Court Judge G. Murray Snow dismissed all federal claims brought by the family of James Murillo, and remanded the case to state court to address the remaining state law claims.
Categories: Legal

Overtime, Vacation Credit, and the FLSA

Firelawblog.com - Wed, 10/17/2018 - 19:06
Today’s burning question: My fire department if we work overtime during a work period during which we take vacation, rather than pay overtime for the extra hours worked, they credit back vacation time. Our HR and Fire Chief claim it is against the law (FLSA) to be paid overtime and receive vacation hours in the same time work period. Is this true?
Categories: Legal

Atlanta Settles With Chief Cochran for $1.2 Million

Firelawblog.com - Tue, 10/16/2018 - 06:52
The City of Atlanta has agreed to settle a wrongful termination and religious discrimination lawsuit brought by former Fire Chief Kelvin Cochran. Chief Cochran was fired by Mayor Kasim Reed in 2015 over a self-published book the chief authored about his religious beliefs. Reed believed the book was critical of homosexuality.
Categories: Legal

Illinois Appellate Court Concludes Firefighting Exacerbated Combat Vet’s PTDS

Firelawblog.com - Mon, 10/15/2018 - 19:10
An Illinois firefighter who developed a severe case of PTSD while serving a combat tour in Afghanistan, has been awarded a disability pension by the Illinois Court of Appeals who concluded that firefighting exacerbated his pre-existing condition.
Categories: Legal

NJ Fire Chief Demoted After Filing Suit

Firelawblog.com - Sun, 10/14/2018 - 20:05
A New Jersey fire chief who sued his bosses earlier this year, has been demoted. Plainfield Fire Chief Frank Tidwell filed suit claiming city officials were conspiring to force him into retirement. Last Friday, the city released a statement that he was being demoted...
Categories: Legal

Judge Dismisses Suit Over Kentucky Firefighter Who Shot Prisoner

Firelawblog.com - Thu, 10/11/2018 - 21:58
A lawsuit that accused a Kentucky firefighter of wrongfully shooting and killing a prisoner while the man was struggling for control of a police officer’s weapon, has been dismissed. Ali Sawaf, the father of Mark S. Sawaf, filed suit last year claiming that Lexington Fire Captain Brad Dobrzynski was wrong for shooting his son on August 11, 2016
Categories: Legal

Retired BC Sues Charlotte Alleging Race Discrimination

Firelawblog.com - Wed, 10/10/2018 - 16:48
A veteran Charlotte battalion chief who recently took a job in another community as fire chief, has filed suit against the City of Charlotte claiming he was the victim of race discrimination. Chief Willie Summers, a 30 year veteran who recently was appointed as the fire chief in Asheboro, claims he was passed over for promotion because he was black.
Categories: Legal

Twenty Illinois Fire Departments Sued for Wrongful Death

Firelawblog.com - Tue, 10/09/2018 - 14:01
The family of a man who died in a fire last year has filed suit against twenty Illinois fire departments and two chief officers claiming they failed to effect his rescue. Aric Evan Tashjian McClure died on August 4, 2017 in a fire that trapped him in a second floor apartment.
Categories: Legal

Oregon Chief Awarded $500k for Wrongful Termination

Firelawblog.com - Mon, 10/08/2018 - 19:59
An Oregon fire chief who was terminated in 2013 after refusing to unilaterally reduce staffing was awarded $500,000 in damages last week. Fire Chief James Wenzel brought the lawsuit claiming that Klamath County Fire District No. 1 breached his employment contract and retaliated against him.
Categories: Legal

Fatal Fire Prompts Suit Against Illinois Fire Department

Firelawblog.com - Sun, 10/07/2018 - 17:56
A volunteer fire department in Illinois is being sued over a fatal fire where firefighters were allegedly slow to respond and the department did not request mutual aid from a career fire department that was actually closer to the scene. The Village of Bartonsville is being sued by the estate of a four-year-old child who died in a house fire on July 17, 2018.
Categories: Legal

Fine Against Washington Fire Department For Understaffing Upheld

Firelawblog.com - Thu, 10/04/2018 - 10:43
An OSHA fine against a Washington state fire department for understaffing has been upheld by the state’s Department of Labor and Industries. The Camas-Washougal Fire Department was cited for violating OSHA’s two-in two-out requirement at a house fire last March. The first arriving engine was staffed with two firefighters.
Categories: Legal

Dayton Sues Foam Manufacturers Over AFFF Related Contamination

Firelawblog.com - Wed, 10/03/2018 - 19:03
The City of Dayton is the latest community to file suit against the nation’s largest firefighting foam manufacturers, blaming them for the contamination of the area surrounding Wright-Patterson Air Force Base. The contamination is due to two toxic byproducts of AFFF, namely perfluorooctanoic acid and perfluorooctane sulfonic acid.
Categories: Legal

US Supreme Court Considering Fire Service Case

Firelawblog.com - Tue, 10/02/2018 - 19:47
In my world it is a special day when a fire service case reaches the US Supreme Court. Yesterday, oral arguments were heard in Mount Lemmon Fire District v. Guido, an age discrimination case out of Arizona. John Guido and Dennis Rankin were full-time captains, and the two oldest full-time employees at the Fire District when they were terminated in 2009
Categories: Legal

Ohio Chief Sues Bosses for $1 Million

Firelawblog.com - Mon, 10/01/2018 - 20:10
An Ohio fire chief has filed a $1 million suit against his employer and his bosses alleging breach of contract, age discrimination and disability discrimination. Bucyrus Fire Chief Jay W. Keller filed suit last week naming the City of Bucyrus, Mayor Jeffrey Reser, and Safety-Service Director Jeffrey Wagner as defendants.
Categories: Legal

San Antonio Chief Disciplines Union President For Wearing Union Uniform

Firelawblog.com - Sun, 09/30/2018 - 18:52
San Antonio Fire Chief Charles Hood has reprimanded IAFF 624 Local President Chris Steele for wearing a uniform that closely resembled a fire department uniform at a political event. The incident occurred on September 20, 2018 at a rally for a proposed charter amendment.
Categories: Legal

Arizona Fire District Sued Over Sexual Assault Allegations

Firelawblog.com - Thu, 09/27/2018 - 17:50
Allegations of sexual assault and a hostile work environment have been swirling for over a year in the Rio Rico Medical & Fire District, but this week two former firefighters filed suit against the district, a former fire chief and his wife, and a current captain and his wife.
Categories: Legal

FDNY Hearing Loss Case Reinstated

Firelawblog.com - Wed, 09/26/2018 - 20:23
One hundred and fifty FDNY firefighters who filed suit in Pennsylvania against American LaFrance and Federal Signal Corporation, got good news yesterday as the Pennsylvania Superior Court reinstated their hearing loss claims. The firefighters were grouped into seven separate cohorts that filed separate lawsuits in the Court of Common Pleas of Philadelphia County in 2015.
Categories: Legal

Washington Firefighters Lose Jobs Over Intubation Training on Deceased Patient

Firelawblog.com - Tue, 09/25/2018 - 12:30
Two veteran officers with the Bellingham, Washington Fire Department have lost their jobs following their involvement in a training exercise last July where personnel practiced their intubation skills on a deceased patient.
Categories: Legal
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