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New Haven Suit Comes to an End
A contentious lawsuit brought by a former assistant chief in New Haven, Connecticut against several other chief officers has finally come to a conclusion. Orlando Marcano, who was the Assistant Chief of Administration, filed suit in 2019 naming Fire Chief John Alston, Assistant Chief of Operations Mark Vendetto, IAFF Local 825 Union President Frank Ricci, and an administrative assistant, Cherlyn Poindexter.
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Pawtucket Settles Firefighters Locker Search Case
The City of Pawtucket has agreed to pay five city firefighters $1,000 each for unlawfully searching their firehouse lockers. Firefighters Noah LeBlanc, Stephen Garlick, Manuel Benevides, Scott McDonald, and Steven Como filed suit last December alleging a violation of their Fourth Amendment rights.
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Maui County Contemplates Global Settlement of Wildland Fire Claims
Maui County is currently contemplating settling the claims of over 2,000 parties who collectively filed 449 separate lawsuits into last year’s devastating wildland fire. Pending before Maui’s County Council is a resolution regarding Mayor Richard Bissen’s request for a “global settlement of all wildfire litigation against the county.” Here is our earlier coverage: Maui County Sues Utilities Over Wildland Fires Class Action Lawsuit Blames Utilities for Deadly Maui Wildfire
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Rochester Settles Firefighter’s Racism Suit
The sensational lawsuit by Rochester firefighter Jerrod Jones has been settled for $150,000, or $521,000, depending on your perspective. Jones claimed he was the victim of race discrimination that culminated in a white captain ordering him to attend a racist party in 2022 while on-duty.
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Fire Law Roundup for July 8, 2024
In this episode of Fire Law Roundup for July 8, 2024, Brad and Curt discuss an FLSA overtime suit filed by firefighters in Morgantown, West Virginia; an FLSA suit filed by Virginia EMTs who claims the county improperly paid them as if they were firefighters; the dismissal of a Chicago firefighter’s discrimination claims; a decision by the Indiana Supreme Court clarifying the firefighter’s rule; and a Sixth Circuit ruling upholding the dismissal of negligence claims brought against the National Parks Service by insurance providers who paid claims resulting from the 2016 Great Smoky Mountains fire. More FLSA Overtime Suits Out…
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More FLSA Overtime Suits Out of West Virginia
Fifty-six firefighters with the Morgantown Fire Department have filed two suits claiming the city has not been paying them properly for overtime. One suit was filed in US District Court for the District of West Virginia and the other in Monongalia Circuit Court.
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Virginia EMTs Claim County Paid Them Like 7k Firefighters
Twelve current and former members of the Page County Fire & EMS have filed a class action lawsuit claiming they were not compensated for all of the hours they worked, and not paid overtime as required by the FLSA. The suit alleges the plaintiffs are non-fire EMS personnel who the county treated as §207k qualifying firefighters.
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Court Dismisses Chicago Firefighter’s Discrimination Claims But Retaliation Claims May Proceed
The discrimination claims brought by a Chicago firefighter have been dismissed, but the US District Court for the Northern District of Illinois will allow her claims of retaliation to proceed. Lee Ann McKay filed suit against the city, the retirement board and five individual officers in 2021.
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Indiana Supreme Court Upholds Firefighter’s Right to Sue Despite Firefighter’s Rule
The Indiana Supreme Court has upheld the right of Indiana firefighters to recover damages from negligent property owners despite the firefighter’s rule. In doing so, the court recognized that distinct from the firefighter’s rule is the rescue doctrine, which in turn impacts a third consideration: the first-responder’s rule.
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Sixth Circuit Affirms Trial Court Rulings in 2016 Great Smoky Mountains Fire Suit
The 6th Circuit has upheld a district court decision dismissing negligence claims brought against the US by insurance providers who paid claims resulting from the 2016 Great Smoky Mountains fire. The fire burned over 16k acres, damaged 2500 structures, destroyed Gatlinburg, and killed 14.
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Clarksburg Overtime Case Raises Questions About Retaliation
The Clarksburg, WV FLSA lawsuit covered last week has taken a turn with two additional proceedings coming to light. Firefighters actually filed two suits: the one we covered and a second suit filed in state court. In addition, the city terminated the fire chief who was a plaintiff in both suits.
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Baltimore Prevails in Disability Discrimination Suit
The US District Court for the District of Maryland has dismissed a disability discrimination and retaliation suit brought by an EMT with the Baltimore City Fire Department who sought to become a firefighter. Matthew Schaeffer was originally hired by the city in 2015.
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Entire West Virginia Fire Department Sues City For FLSA Violations
All forty-four members of the Clarksburg Fire Department have filed suit claiming the city’s method of calculating their hourly rate, regular rate and overtime rate violates the FLSA. The firefighters claim that the city pays them a salary, but has been making a mistake when converting their salary to an hourly rate.
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