Fire Law Roundup – April 18, 2022

In this episode, Brad and Curt discuss the dismissal of an Alabama lawsuit alleging military and race discrimination; an appellate decision upholding the dismissal of a lawsuit brought by a man jumped out of the back of a moving FDNY ambulance; the conviction of a Virginia firefighter charged criminally for driving a fire truck to a fire; a union harassment lawsuit in Idaho; and a lawsuit against several NJ fire departments who deployed AFFF at a fire scene.

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Court Rules Against Alabama Firefighter’s Discrimination Suit

A lawsuit filed by an Alabama firefighter who claims his termination was due to his race and military service, has been dismissed. Deatri J. Larry filed suit in 2019 claiming his salary was reduced, he was passed over for promotion, and he was ultimately terminated after returning from a combat deployment.

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Conviction of Virginia Firefighter Upheld

The Virginia Court of Appeals has upheld the conviction of a firefighter on criminal charges of the unauthorized use of a vehicle because he drove a fire truck that he was not authorized to drive, to an emergency. Charles Raymond Arrington was convicted of violating VA Code § 18.2-102 over an incident that occurred on March 11, 2020.

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NJ Fire Departments Sued Over Use of AFFF At Fire Scene

The owner of a business that burned in Carteret, New Jersey in 2020 has filed suit against ten fire departments, a county fire marshal, the state, and National Foam, alleging each is liable for the cleanup costs associated with the use of aqueous film forming foam (AFFF). Insurance Auto Auctions, Inc. filed suit in Middlesex County Superior Court.

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Fire Law Roundup – April 11, 2022

In this week’s edition of Fire Law Roundup for April 12, 2022, Brad and Curt discuss a wrongful death lawsuit out of Rialto, CA, a negligence suit out of LA county claiming the medics mis-prioritized a seriously injured patient, the settlement of an LA discrimination suit, an appellate decision in NY on training injury benefits, and an OSHA citation arising out of a LODD fire.

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Illinois LODD Leads to OSHA Citations

Two Illinois fire departments have been issued citations by the Illinois Department of Labor’s Occupational Safety & Health Administration, over a line of duty death fire that occurred in December, 2021. That fire claimed the life of Lieutenant Garrett Ramos of the Sterling Fire Department.

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Fire Law Roundup – April 4, 2022

In this week’s episode of Fire Law Roundup, Brad and Curt discuss additional fallout from a sexual harassment lawsuit, the termination of an RI firefighter, the overturning of a punitive schedule change impacting E. Chicago firefighters, a suit against Illinois firefighters over a photo of a shooting victim, and a social media – First Amendment case out of Palm Beach County Fire Rescue.

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Court of Appeals Strikes Down Palm Beach County Social Media Policy

The US 11th Circuit Court of Appeals has ruled that a social media-related First Amendment lawsuit filed by two Palm Beach County fire captains may proceed, reversing a district court ruling from 2020. In doing so the court struck down the fire department’s social media policy as being a prior restraint on employee speech.

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