Fire Law Blog

The City of Wilmington has agreed to settle an FLSA overtime suit brought last year by six current and former battalion chiefs for $459,695.36. The chiefs claim they were improperly classified as exempt executives.

The US Second Circuit Court of Appeals has handed down a ruling in favor of FDNY concluding that a trademark owned by an FDNY paramedic in the name of "Medical Special Operations Conference" cannot be enforce because it is descriptive.

The family of a St. Louis firefighter who died in 2022, has reportedly filed suit against the manufacturer of his SCBA alleging that the failure of his PASS device contributed to his death. Benjamin Polson died in a house fire on January 13, 2022.

In this episode of Fire Law Roundup for April 15, 2024, Brad and Curt discuss a pink collar theft case out of North Carolina; a $1.5 billion PFAS-related lawsuit filed in Virginia by firefighters with cancer; a due process ruling holding that a board member who testifies against an accused firefighter cannot thereafter return to ...

Six Virginia firefighters and the estate of a deceased firefighter have filed suit against 25 companies associated with per- and polyfluorinated substances (PFAS) seeking $1.5 Billion in damages. The named lead plaintiff in the action is Sara P. Chiaverotti, wife of Virginia Beach Fire Captain Matthew Chiaverotti who died from anaplastic thyroid cancer last year.

A Rochester firefighter who claims to have been the victim of domestic violence and sexual harassment at work, has filed suit against the City of Rochester. The firefighter, identified as Jane Doe, claims that the city failed to protect her from domestic violence as required by state law and city policy, and that she was sexually harassed by coworkers at work.

A Kentucky court has concluded that a fire district board member who served as an adverse witness against an accused firefighter in a disciplinary proceeding, violated the firefighter’s due process by participating in deliberations and the adjudication decision.

An administrative assistant has been charged with stealing over $200,000 from a North Carolina volunteer fire department. Amanda Christine Lamb, 46, has been charged with embezzlement from the Lower Currituck County Volunteer Fire Department.

An Oregon division chief who retired last year has filed a $5 million suit claiming he was discriminated against and constructively terminated due to his having Parkinson’s disease. Michael Carlsen was a division chief for the Clackamas Fire District #1.

In this episode of Fire Law Roundup for April 8, 2024, Brad and Curt discuss  criminal charges brought against a Kansas City MO firefighter who urinated of a colleague’s personal property; a fire chief in Alaska seeking overtime compensation; a Bridgeport CT firefighter charged with taking drugs from a suspected overdose scene; an appellate ruling ...

A firefighter in Kansas City, Missouri is facing felony charges for reportedly urinating on a female colleague’s personal property in a KC firehouse. KC police have charged Pleaze Robinson III with first-degree harassment and first-degree property damage over the incident that occurred on September 10, 2023.

The fire chief of Salcha Fire & Rescue, Inc., has filed suit in US District Court for the District of Alaska seeking compensation for overtime worked since 2021. Chief Darrell VandeWeg claims that his duties as fire chief do not qualify him for any of the white-collar exemptions that normally would apply to fire chiefs.

A Bridgeport, Connecticut firefighter is facing charges that he took drugs from the scene of a suspected drug overdose last month. Harold Clarke Jr. has been charged with tampering with evidence and interfering with a police officer.

The Appellate Division of New Jersey Superior Court has upheld a decision to remove a firefighter from a promotional list based on his poor disciplinary record. John Shaw sought to challenge his removal from the promotional list for lieutenant in the Belleville Fire Department, claiming it was politically based due to his record as a Democrat conflicting with the Republican-leaning administration.

A Florida firefighter-paramedic who was terminated after a cardiac related event in 2023, has filed suit alleging wrongful termination and disability discrimination. Michael Samuels filed suit today in US District Court for the Southern District of Florida against the Key Largo Volunteer Fire Department.

In this episode of Fire Law Roundup for April 1,2024, despite some initial April foolery, Brad and Curt discuss a $535k settlement of a California sexual discrimination suit; a ruling in a Nashville age and gender discrimination suit; more on the impending OSHA fire service regulations that have extended the comment period to June 21, ...

The Graton Fire Protection District has agreed to settle the gender discrimination claims of a former female firefighter for $535,000. Sapphire Alvarez filed suit claiming she was passed over for promotion, ostracized by her colleagues and unfairly targeted for discipline.

A lawsuit filed by a deputy fire marshal with the Nashville Fire Department claiming that she was passed over for promotion to fire marshal on account of her gender and age, and then retaliated against when she complained, has survived the city’s motion for summary judgment.

For those who have been following the proposed updated to 1910.156 that will be impacting the fire service when implemented, OSHA has announced that the deadline for submitting comments has been extended to JUNE 21, 2024. The previous deadline for submitting comments was May 6, 2024.

The US District Court for the Southern District of Georgia has refused to remand a former division chief’s whistleblower lawsuit back to state court. EMS Division Chief Summer Patterson filed suit against Bryan County Fire & Emergency Services and Fire Chief Freddy Howell claiming she was retaliated against and forced to resign after voicing her objection to the chief’s disciplinary decision making.