Florida Fire Department Accused of Military Discrimination

A former firefighter in Florida has filed suit claiming he was terminated because of his military service. Chris Merrell filed suit last week against the City of Clermont Fire Department under the federal Uniformed Services Employment and Re-employment Rights Act and Florida's version known as Florida Uniformed Servicemembers Protection Act.

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Arizona Firefighter Sues Fire District Over Termination

A former Arizona firefighter who was terminated in 2019 after the department eliminated its wildland program, is suing the fire district for wrongful termination, retaliation, and an assortment of wage and hour claims. Jason Craven filed suit in Navajo County Superior Court naming the Clay Springs-Pinedale Fire District Board.

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Florida Fire District Sued For Viewpoint Discrimination

A Florida man has filed suit against a fire district claiming that his First and Fourteenth Amendment rights were violated when the department’s public information officer blocked him from the department’s Facebook page. Randy Scott filed against the Lehigh Acres Fire Control And Rescue District and PIO Katie Heck suit this week.

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Fatal Collision Prompts Suit in Mississippi

The family of a man killed in a collision with a responding fire chief in Mississippi last year, has filed suit against the county fire council and the chief. Kenneth Fitzgerald was killed when the vehicle he was riding in collided with a Ford F-350 owned by the Jones County Volunteer Fire Department Council and operated by Fire Chief Anthony Pitts of the Soso Volunteer Fire Department.

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Cleveland Lieutenants Allege Disparate Impact Bias on Captain’s Exam

Twenty-four fire lieutenants with the Cleveland Fire Department are suing the city alleging that the results of a recent captain’s exam produced such a statistical imbalance that it violates federal anti-discrimination guidelines. While such an claim, referred to as disparate impact discrimination, is hardly precedent setting, what is unusual is that white firefighters are making it.

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Podcast 30: EMS Billing and Medicare Medicaid Fraud

In this episode, Curt talks with attorney Kevin Fairlie about the challenges facing fire departments who bill for EMS transports. Kevin’s law practice concentrates on health care related topics, but a recent spate of federal investigations across the country into fire department EMS billing practices has led to a shift toward representing fire departments.

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Louisiana Captain Claims Promotion would be a Reasonable Accommodation

A Louisiana fire captain who was terminated in 2018 has filed suit claiming the fire department failed to accommodate his cardiac related disability by, among other things, not promoting him to District Chief or Chief of Administration. Darrin J. Guzzardo was a captain with the St. Tammany Parish Fire Protection District No. 12.

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FBI Investigating Massachusetts Fire Department

The Martha’s Vineyard Times is reporting that FBI agents have been on the island recently investigating the Oak Bluffs Fire Department. According to a source named by the Times, the investigation is looking into Medicare and Medicaid billing issues. The Times is also reporting that subpoenas have been issued to fire department employees.

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Ohio Fire District Moves To Force The Closure of Motel

An Ohio fire district has filed suit to close an area hotel due to fire code violations. Cardinal Joint Fire District Deputy Chief Matt Rarick filed suit last week seeking a temporary restraining order and preliminary injunction prohibiting the continued occupancy of the Canfield Colonial Motel.

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Palm Beach County Social Media Suit Dismissed

A lawsuit filed last year by two captains with Palm Beach County Fire Rescue after they were disciplined for social media posts, has been dismissed. Captain AJ O’Laughlin and Captain Crystal Little filed suit in Palm Beach County Circuit Court last May. It was later removed to federal court.

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Podcast 29 Firefighter Overtime

In this episode, Curt and Bill Maccarone expound on Curt’s January, 2020 article in Firehouse Magazine addressing the most common ways that fire departments are being sued for overtime violations. In the podcast, they go beyond the top five reasons in explaining the overtime issues that are leading to most lawsuits.

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Birmingham Firefighter Sues Over Unsafe Condition of Station

A firefighter in Birmingham, Alabama has filed suit claiming conditions inside Station 27 violate the Occupational Safety and Health Act of 1970. Gary Michael Horsley Jr. claims the city has “condoned and tolerated unsafe and unhealthy working conditions” that include “asbestos exposure, mold exposure, diesel exhaust exposure... "

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Year in Review: The Top Fire Law Stories of 2019

Happy New Year and Welcome 2020! Today I wanted to review the Fire Law stories that I think are the most important. We will look that them in terms lawsuits filed, cases to watch, judgment and settlements, significant legal rulings, and of course YCMTSU.

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