Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
Fire Law Roundup for May 1, 2023
In this episode of Fire Law Roundup for May 1, 2023, Brad and Curt discuss a suit brought by a woman who was injured by a fire hose being dragged by a Dallas fire truck; a suit by the former ...
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Race Discrimination Settlement Subject to Bankruptcy Claims
There are many parts of the law that impact firefighters. A decision handed down last Friday by the US Bankruptcy Court for the Middle District of Florida shows that even bankruptcy law has a role to play. The story begins with a Jacksonville firefighter, Terrance Holmes, who filed a voluntary petition for bankruptcy in 2014.
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Court: Union Can Settle Firefighter Discipline Case
The US District Court in Eastern Washington has concluded that a firefighter’s due process rights are not violated by a union settling a disciplinary matter against him, even if the agreement waives his right to appeal. The case involved a disciplinary investigation in the Spokane Fire Department into allegations of harassment and bullying.
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Stamford Fatal Christmas Fire Settlement Was For $6.65 Million
The Stamford Advocate is reporting that the recently settled lawsuit involving the City of Stamford over the fire on Christmas morning 2011 that killed five family members, involved a payment of $6.65 million to the plaintiffs. When the settlement was made public in May 2017, the amount of the settlement was confidential.
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Long Island Labor Dispute One Step Closer To Resolution
A contentious labor dispute in Long Beach, New York has taken a step toward resolution as local officials and the union representing career firefighters agreed to avoid a proposed layoff and maintain a minimum of four firefighters on engines. The ...
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YCMTSU Accident Case Settled in California for $4 Million
A lawsuit arising out of a bizarre incident where a brush truck ran over a man lying on a fire station ramp in San Bernardino County, has been settled for $4 million. According to court documents, the incident occurred on December 9, 2013, when Brandon Coles discovered Seandor Flis, “in his vehicle unconscious.”
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Settlement Announced in California FLSA Overtime Suit
The Southern Marin Fire Protection District has settled an overtime compensation lawsuit filed earlier this year by forty-four firefighters. The firefighters sued in February claiming the district incorrectly calculated their regular rate, which is the rate that is to be used to determine the overtime rate.
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St. Louis Fire Settles Public Records Suit For EMS Responses to Abortion Clinic
The St. Louis Fire Department has settled a public records lawsuit brought by activists seeking access to information about medical responses to a Planned Parenthood abortion clinic. The lawsuit was filed in 2013 under Missouri’s Sunshine Law, seeking records of emergency medical incidents at the Planned Parenthood of Greater St. Louis abortion facility.
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Voters to Consider Settlement of Connecticut Fire Chief’s lawsuit
The settlement of a federal court lawsuit brought by a former fire chief claiming disability discrimination is now in the hands of taxpayers who will vote to approve or reject the settlement next week at a special fire district meeting.
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NJ Township Settles Sexual Harassment Suit for $30k
A New Jersey township has agreed to pay $30,000 to a female employee to settle her claims that the fire chief “smacked” her on her “rear end”. Lorie Cutts, an administrative assistant for the Medford Township Fire Department, claimed that Fire Chief Thomas Thorn smacked her on her bottom in front of 2 other firefighters.
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DC Finally Settles Decades Old Overtime Suit for $45 million
A contentious overtime battle in the Nation’s Capital that goes back to the 1990s has finally been settled… this time for real!!!
Last January DC agreed to settle a suit brought by firefighters over the payment of overtime for $47 million. However, it wasn’t until yesterday that the parties finally worked out all the details and signed the agreement bringing the matter to an end.
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Maryland Male-on-Male Harassment Suit Settled
An $8 million lawsuit filed in 2013 by a paramedic firefighter who claims co-workers harassed him over his effeminate demeanor has reportedly been settled. Zackary C. Tyndall sued the Berlin Fire Company and four supervisors alleging they engaged in a pattern and practice of harassment based upon their perception that he is homosexual. Tyndall claims he was regularly called “queer”, “faggot”, and “cocksucker” by coworkers.
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Asiana Airlines Crash Suit Against SFFD Dismissed
The wrongful death suit against the San Francisco Fire Department arising out of the crash of Asiana Airlines Flight 214 in July, 2013, has been dismissed. The parents of 16 year old Ye Meng Yuan filed the suit last year. Yuan was allegedly written off as dead as SFFD began foam operations. The suit claimed that her body was struck by two San Francisco Fire Department vehicles.
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Three Federal Court Settlements in the Fire law News
There are three federal court settlements in the fire law news today. The first is the settlement of a lawsuit filed by an Ohio firefighter who lost an eye in 2008 in a fireworks accident. Despite being cleared to return to work by his doctor, Stow firefighter Anthony Rorrer was determined to be unfit for duty. He sued claiming unlawful discrimination under the Americans With Disabilities Act.
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