Fire Law Blog

The dismissal of a lawsuit filed by volunteer firefighter who was injured while preparing for a drill competition, has been upheld by the Appellate Division of the New York Supreme Court. The suit was brought by William A. Knipper against the Lindenhurst VFD., Thomas Weckerle, and the Ridge VFD.

A court appointed arbitrator has ruled that a Washington state fire department cannot recoup the costs of paramedic training from a firefighter who took a position with a new fire department beyond withholding his final paycheck. The suit was brought by San Juan Fire Protection District No. 2, dba Orcas Island Fire Rescue against Alex Conrad.

The Hemet Fire Department is facing a lawsuit by the mother of a man who was killed in a vehicle accident last year. The fire department, along with the Hemet Police Department, are accused of failing to rescue Steven Collins Davis on January 27, 2023.

In this episode of Fire Law Roundup for January 15, 2024, Brad and Curt discuss an FLSA Overtime and retaliation suit out of Phoenix; an appellate ruling on the appropriate calculation of the death benefit of Missouri volunteer firefighters; an appellate decision upholding the termination of a West Virginia firefighter; A Nevada firefighter charged with ...

A captain with the Phoenix Fire Department has filed suit in federal court alleging he was improperly denied 7.25 hours of overtime and then retaliated against for seeking the extra compensation. Captain David Johnson filed suit naming the city and five chief officers for violating FLSA and retaliating against him.

The Missouri Court of Appeals has ruled that death benefits for volunteer firefighters should be based upon the average wages of “similar” career firefighters in Missouri, and not the value of the benefits received by “similar” volunteers. The case was brought by Susan Hayes, after the Missouri LIRC awarded her $40 per week in benefits following the death of her husband, Russell.

A West Virginia fire lieutenant who was terminated after a series of off-duty altercations, has lost his appeal before the Intermediate Court of Appeals. Nicholas Graley was terminated by the City of South Charleston in 2020 following three separate incidents, each of which resulted in his arrest.

A Nevada firefighter is facing three counts of possession of child pornography following an investigation into digital imagery located on several devices in the firehouse. Isiah Tureaud, 34, was arrested by Las Vegas Metro police following the discovery of the imagery on January 2, 2024.

The widow of a Los Angeles County firefighter killed in a house fire in 2022, has filed suit against the homeowner claiming that an illegal addition to the residence caused his death. Jennifer Flagler filed a wrongful death suit on behalf of herself and two minor children against Timothy Racisz.

In this episode of Fire Law Roundup for January 8, 2024, Brad and Curt discuss criminal charges brought against a Nashville firefighter for interfering with firefighting operations of another department while off-duty; the dismissal of a lawsuit brought by a woman who was struck by a wheel chock belonging to the San Jose Fire Department; ...

A Nashville firefighter is facing criminal charges related to his actions at a fire scene in Rutherford County while he was off duty. Jacob Welbaum, 31, is facing five counts of reckless endangerment and one count of disorderly conduct.

The California Court of Appeals has upheld a lower court ruling that a woman struck by a San Jose Fire Department wheel chock cannot recover because she failed to comply with the California Government Claims Act.

A Florida district chief who was terminated in 2022, has been given one final opportunity to refile an amended complaint before his wrongful termination suit is dismissed. Palm Beach County District Chief Christopher DeVito claims he was wrongfully terminated ostensibly over a risqué texting relationship he had with a subordinate.

After years of labor management strife, Houston Firefighters are expressing optimism that the seeming endless legal battles they have endured can be finally be resolved with the inauguration of Mayor John Whitmire. Fox26 interviewed IAFF Local 341 President Patrick "Marty" Lancton who called Whitmore’s election a “win” for firefighters.

In this episode of Fire Law Roundup Brad and Curt review the highlight cases from 2023.  Here are Brad’s top cases: 1Louisiana Firefighters Claim Fingerprinting is Unconstitutional2KC MO Firefighter Pleads Guilty to Manslaughter in Fatal Apparatus Accident3Nashville Sued by Driver Over Collision Due To Hose Falling Off ApparatusDallas Fire Sued By Woman Struck By Hose4IAFF ...

In this episode of Fire Law Roundup for December 29, 2023, Brad and Curt discuss an FMLA and disability suit filed by a terminated deputy chief in Georgia; a New Jersey firefighter charged criminally with a hate crime for showing an African American colleague a noose; the guilty verdict against the firefighter-medics in the Aurora, ...