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.

Read More »

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.

Read More »

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.

Read More »

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.

Read More »

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.

Read More »

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.

Read More »

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.

Read More »

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.

Read More »

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... "

Read More »

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.

Read More »

Top Fire Law Headlines of 2019

As 2019 comes to a close, I thought we could take a look at the top headlines in the Fire Law News. Today we will look at the most popular stories based upon Facebook engagements, likes and shares, and Twitter. Here are Facebook’s Top 10 based on Engagements...

Read More »

Overtime Regs to Change in 2020

The US Department of Labor has formally issued new regulations that will change the way the Fair Labor Standards Act will be applied starting January 1, 2020. Two of the most important changes are an increase in the minimum salary for “white-collar” employees and changes to the calculation of an employee’s overtime rate.

Read More »

NY Fire District Sued By Applicant

An applicant for membership in the Mezeppa Fire Engine Co. #2 and the Nyack Fire Department has filed suit against the Nyack Joint Fire District Board of Commissioners alleging they are illegally blocking his joining the fire companies. Robert Kolessar, Jr. filed suit last week in the Supreme Court for Rockland County.

Read More »