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Burning Question: Medical Exams and Liability
Today’s burning question: Have you ever come across a case where a firefighter suffered an illness such as a heart attack, stroke or cancer, in a department that did not have a formal medical monitoring program and then was sued for not having such a program? Answer: While such a case is plausible, none of the cases in my database make that sort of allegation...
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Fort Lauderdale BC Loses Military Discrimination Suit
A lawsuit filed by a Florida battalion chief claiming he was passed over for promotion to division chief due to his military service, has been dismissed. Battalion Chief John H. Ramirez filed the suit in January accusing Fort Lauderdale Fire Rescue of violating the Uniformed Services Employment and Reemployment Rights Act (USERRA)
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Fired Washington Chief Sues for $1.4 Million
A Washington fire chief who was terminated following a vote of no-confidence by the firefighters’ union, has filed suit claiming breach of contract and violation of his due process rights. Fire Chief David Bathke was fired by the City of Ocean Shores in January
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PA Chief Gets Probation and Restitution for Theft
A former Pennsylvania fire chief has been given 12 months of probation and must make full restitution for stealing $4,359 from his fire department. William “Bubba” Benecke, who served as fire chief for the Sharon Hill Fire Company, has reportedly already made restitution.
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NJ Firefighter Sues Instructor and Fire Academy Over Rape
A county fire academy in New Jersey has been named in a federal lawsuit brought by a female firefighter who claims that an instructor she met while a student, bound, raped and strangled her. The firefighter, identified in the suit only as "A.S.", accuses instructor John Syers, Jr. of perpetrating the rape in September, 2018
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FDNY Prevails in Elevator Rescue Suit Based On Special Duty Rule
The New York Supreme Court Appellate Division has upheld the dismissal of the City of New York and the FDNY from a lawsuit filed by a person injured during an elevator emergency in 2014. Daniel Ortiz filed suit claiming he injured his knee when a stalled elevator he was in dropped several feet during rescue efforts
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Texas City Sues Fire Department Over Apparatus Titles
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.
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Georgia Ambulance Company Caught Using Unlicensed Felons
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.
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Pennsylvania Junior Program Sexual Assault Case Settled
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.
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Podcast 26: $3.8 Million Verdict Against Tucson under Nursing Mothers Act – FLSA
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.
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Judge Dismisses Washington Fire Department’s FLSA Suit
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.
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Families of Two San Antonio Firefighters Sue
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.
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Newark Firefighter Loses Appeal of Termination
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
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