Two Gurney-Related Suits Filed Last Week

Two gurney-related suits were filed last week, one a wrongful death suit from Los Angeles County and the other a negligence suit from Richardson, Texas. In Los Angeles, the family of 91-year old Maria Landeros filed a wrongful death suit against the Los Angeles County Fire Department and Westmed Ambulance.

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Missouri Firefighter Alleges Sexual Harassment and Retaliation

A Missouri firefighter has filed suit against her department, two chiefs, a captain and a firefighter-colleague alleging she has been sexual harassed and retaliated against. Dana Osborne filed suit last week in citing a litany of boorish behaviors perpetrated by her captain and others within the Nixa Fire Protection District.

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Las Vegas Settles FLSA Claim for $560k

A Las Vegas firefighter who claimed he worked thousands of extra hours while off-duty has obtained a $560,000 settlement from the city. Eric Scheumann filed suit in US District Court for the District of Nevada in 2018 claiming a violation of the Fair Labor Standards Act and Nevada state wage and hour laws.

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Podcast 31: Q & A on EMS Billing and Medicare Medicaid Fraud

In this episode, Curt follows up a podcast from last month with attorney Kevin Fairlie to address some questions that listeners submitted about the challenges associated with fire departments who bill Medicare and Medicaid for EMS transports. Kevin’s law practice concentrates on health care related topics including EMS billing practices.

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Tampa Prevails in Termination Appeal

The 11th Circuit Court of Appeals has rejected the appeal of a Tampa firefighter who was terminated in 2015 on a variety of charges. Patterson Ceus, a black male, claimed he was terminated because he complained about race discrimination in the department.

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Officer Facing Demotion Over Racist Joke Gets New Assignment

An Indiana firefighter who was accused of using a racial slur, has received a rather unusual penalty: he will now serve as the fire department's liaison with an outside diversity consultant. Chad Emsweller of the Evansville Fire Department was accused of using a racial slur while telling what he believed to be a joke

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Firefighters Dismissed From Malicious Prosecution Suit

The US District Court for the Eastern District of New York has dismissed two firefighters and a fire department from a lawsuit arising out of the arrest of a man who was accused of brandishing a firearm at one of the firefighters. The Franklin Square and Munson Fire Department, Daniel Maloney, and Robert Fineo were dismissed from a suit filed by Carl T. Semencic.

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Court Rules FDNY Must Accommodate Facial Hair Despite OSHA

A federal judge has ruled that FDNY must reinstate an accommodation granted to African American firefighters suffering from Pseudofolliculitis Barbae that permits facial hair in the chin, cheek and neck area provided it does not cause leakage around the mask's seal. The firefighters filed suit in 2018 alleging race and disability discrimination.

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Texas Appeals Court Overturns Ruling in Fort Worth Discipline Case

A Texas Appellate Court has reversed a ruling by a hearing examiner that reinstated a Fort Worth firefighter, because she considered evidence outside of the record. Shea O'Neill got into an off-duty altercation with a retiree at a college football scrimmage. At the time O’Neill has his twin sons and a friend with him.

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FDNY Gets Split Decision in Trademark Suit

A federal court has upheld in part and denied in part a trademark infringement suit brought by the City of New York against a vendor who refused to stop selling FDNY and NYPD t-shirts and memorabilia. The city sued Blue Rage, Inc. doing business as The Cop Shop alleging it sold “a wide variety of unlicensed, infringing merchandise bearing the NYPD and FDNY Trademarks.”

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Palm Beach County Firefighter Sues Under ADA

A Palm Beach County firefighter has filed suit claiming he is being discriminated against by his superiors on account of a perceived psychological disability. FF Victor Hernandez filed suit earlier this month in Palm Beach County Circuit Court alleging a violation of the Americans with Disabilities Act.

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Firefighter and Utilities Settle Burn Injury case for $5 Million

A firefighter who was severely burned in 2015 while battling a wildland fire in Washington state has reached a $5 million settlement with two utility companies who were blamed for causing the fire. Daniel Lyon Jr. was the sole survivor of a US Forest Service engine company that was overrun by fire on August 19, 2015 during the Twisp River Fire.

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