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Fire District Must Comply With Town’s Zoning Rules
A fire district in New York has received a setback in a lawsuit over a new communications tower after a Supreme Court judge ruled that despite its municipal status, a fire district must comply with municipal zoning requirements.
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Class Action Suit Filed Against AFFF Manufacturers
Three firefighters from New York state have filed a class action lawsuit against 28 companies involved in varying degrees with the manufacture and sale of AFFF. Thomas J. Gentile, Tommy McGarry, and Charles O’Keefe filed suit last week in US District Court for the Eastern District of New York.
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Court Concludes County Waived Attorney Client Privilege to Fire Department Disciplinary Investigation
An inadvertent disclosure of an internal disciplinary investigative report by Bedford County, Virginia constituted a waiver of any attorney-client privilege that otherwise would have applied, according to a ruling last week. The case involves a volunteer EMT who was sexually assaulted and abused by a career lieutenant while participating in ride-along training with the Bedford County Department of Fire & Rescue when she was a minor.
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Suit Claims Illinois Firefighters Burned Girl’s Wrist Removing Handcuffs
The mother of a 16-year-old girl, who was burned when firefighters cut hand-cuffs off her, has filed suit against the Village of Mundelein. Emily Hitzke filed suit in U.S. District Court for the Northern District of Illinois on behalf of her daughter, Ava.
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NJ Appeals Court Affirms Dismissal of Wrongful Death Suit Over Chief’s Hit and Run Death
The Appellate Division of the New Jersey Superior Court has affirmed the dismissal of a wrongful death suit brought by the widow of a retired fire chief who was struck and killed by a hit and run driver in front of a firehouse.
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Virginia Fire Programs Officer Charged With Theft
The Chief Administrative Officer at the Virginia Department of Fire Programs is facing allegations that she stole funds from the organization. She has been charged with four felony counts of obtaining money under false pretenses.
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Firefighter’s Hearing Loss Not Compensable
A Louisiana firefighter suffering from work-related hearing loss has lost his workers compensation claim because it was not the result of a “single traumatic accident.” James J. Hartman, Jr., a firefighter with the St. Bernard Parish Fire Department, was diagnosed in 2017 with 42.2% binaural hearing loss.
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Louisiana Court of Appeals Overturns CBD Termination of NO Firefighter
Louisiana’s Fourth Circuit Court of Appeals has reversed the termination of a New Orleans firefighter who tested positive for a controlled substance because the city failed to account for his taking physician-approved legal cannabidiol.
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Utah Supreme Court Creates Exception to Professional Rescuer Rule
In a landmark decision the Supreme Court of Utah has ruled that a firefighter injured at an emergency scene can recover from a property owner despite the professional rescuer rule when the injury results from gross negligence or intentional conduct. The 3-2 ruling handed down last week will allow a suit filed by South Salt Lake firefighter David Scott Ipsen to proceed.
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Important Announcement About the FLSA for Fire Departments Program
We have some important news to report regarding the scheduled FLSA for Fire Departments programs. Currently we have two programs that are scheduled, one in September, 2020 and the other in November, 2020.
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Drug Investigation Results in Departure of Three OH Fire Officers
Two fire officers have resigned and a third has retired as an internal investigation into drug use and sale in an Ohio fire department is released. Liberty Township Lieutenants Justin Graham and Josh Cleland have resigned and Captain Chris Olsen has retired following an internal investigation that concluded drugs were being bought and sold at work.
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Firefighters Sue CA Fire Protection District Over FLSA Overtime Violation
Seventeen California firefighters have filed suit alleging they were underpaid for overtime they worked because their department impermissibly excluded certain benefits from the rate of pay used to calculate their overtime compensation. The firefighters, members of the Borrego Springs Fire Protection District, filed the class action lawsuit yesterday.
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