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San Jose Fire Prevails in Wheel Chock Lawsuit
The California Court of Appeals has upheld a lower court ruling that a woman struck by a San Jose Fire Department wheel chock cannot recover because she failed to comply with the California Government Claims Act.
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Florida District Chief’s Wrongful Termination Suit Facing Dismissal
A Florida district chief who was terminated in 2022, has been given one final opportunity to refile an amended complaint before his wrongful termination suit is dismissed. Palm Beach County District Chief Christopher DeVito claims he was wrongfully terminated ostensibly over a risqué texting relationship he had with a subordinate.
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New Houston Mayor Raises Firefighters’ Optimism
After years of labor management strife, Houston Firefighters are expressing optimism that the seeming endless legal battles they have endured can be finally be resolved with the inauguration of Mayor John Whitmire. Fox26 interviewed IAFF Local 341 President Patrick "Marty" Lancton who called Whitmore’s election a “win” for firefighters.
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Fire Law Annual Review for 2023
In this episode of Fire Law Roundup Brad and Curt review the highlight cases from 2023. Here are Brad’s top cases: 1Louisiana Firefighters Claim Fingerprinting is Unconstitutional2KC MO Firefighter Pleads Guilty to Manslaughter in Fatal Apparatus Accident3Nashville Sued by Driver Over Collision Due To Hose Falling Off ApparatusDallas Fire Sued By Woman Struck By Hose4IAFF Sues NFPA Over Standard Mandating PFAS in PPE5Miami-Dade Investigating Hidden Camera in Firehouse BathroomIndiana Fire Department Facing Three Investigations Into Exam Cheating Here are Curt’s top cases: LARGEST LAW SUITS FILED 4-Sep-2023Fire Agencies Seek Over $120 Million in Damages for Two California Wildland Fires$120,000,0009-Feb-2023Flint Facing…
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Fire Law Roundup for December 29, 2023
In this episode of Fire Law Roundup for December 29, 2023, Brad and Curt discuss an FMLA and disability suit filed by a terminated deputy chief in Georgia; a New Jersey firefighter charged criminally with a hate crime for showing an African American colleague a noose; the guilty verdict against the firefighter-medics in the Aurora, Colorado ketamine-related death of Elijah McClain; a challenge to the no-beard rule in Houston brought by a firefighter assigned to dispatch; a $4.5 million suit filed against an Ohio fire chief for administering Narcan against a patient’s wishes; an appellate ruling upholding a $5 million…
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Georgia Deputy Chief Claims Termination Violates FMLA and Disability Laws
A deputy chief in Georgia who was terminated in July, 2023, has filed suit claiming violations of the Family Medical Leave Act, disability discrimination, and retaliation. Deputy Chief Eric Phillips filed suit against Douglas County and the Douglas County Fire/EMS Department.
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NJ Firefighter Charged With Hate Crime for Noose
A New Jersey firefighter is facing criminal hate crime charges following a noose-related incident in the Bloomfield Fire Department. Walter Coffee is facing charges of harassment with intent to intimidate on account of race or color.
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Verdict in Aurora is in: Medics Guilty of Negligent Homicide
The Aurora, Colorado firefighter-medics who were facing criminal charges in the ketamine-related death of Elijah McClain, have been found guilty of negligent homicide. Jeremy Cooper and Peter Cichuniec were called to assist police officers who were struggling to subdue McClain on August 30, 2019.
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Houston Firefighter-Dispatcher Challenges No-Beard Rule on Religious Grounds
A Houston firefighter assigned to the dispatch center as a Senior Communications Captain has filed suit claiming the city has failed to accommodate his sincerely held religious beliefs by requiring him to remain clean-shaven. Brandon E. O’Neal filed suit today in federal court naming the city, the Houston Fire Department and Fire Chief Samuel Pena as defendants.
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Ohio Chief Sued for $4.5 Million for Giving Narcan
An Ohio man who claims he was assaulted and given Narcan unnecessarily by a fire chief, has filed suit against the chief personally seeking $4.5 million in damages. Jordan Aulizio filed suit against Kinsman Fire Chief Cory Van Kanegan claiming his civil rights were violated.
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Court Upholds Award of $5 Million to Terminated California Firefighter
The California Court of Appeals has upheld an award of $5 million in damages to a firefighter who was terminated in 2018. Timothy O’Hara was fired from the Liberty Rural County Fire Protection District after his relationship with Fire Chief Stanley D. Seifert deteriorated.
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Missouri Discrimination Suit Leads to Petition in Federal Court in California
An unusual lawsuit we covered earlier this year is back in the Fire Law headlines with a rather unusual twist: the defendants in the case are seeking a subpoena duces tecum against Google to help them identity of the source of harassing emails and online posts.
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Fire Law Roundup for December 18, 2023
In this episode of Fire Law Roundup for December 18, 2023, Brad and Curt discuss a dispute between volunteer fire companies in New Jersey; a decision by the California Court of Appeals ruling that a critically injured San Francisco firefighter cannot sue the transit authority or bus driver who caused his injuries because they both work for the city; an appellate decision out of Louisiana upholding the denial of a promotion; a ruling out of New York that a firefighter who resigned cannot later sue and challenge the reason he would have been terminated; a wrongful termination suit brought by…
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Neighborhood Fire Contract Wars
Every once in a while, a would-be litigant takes a “shot over the bow” of a neighbor mutual aid fire department when the continued service of the fire company is on the line. A trend across the nation appears to involve municipal consideration of other fire companies to serve the territory traditionally served by the complaining fire company.
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