Fire Law

In this edition of Fire Law, Curt discusses the controversial settlement of an FDNY discrimination suit with Attorney Peter J. Gleason, himself a retired FDNY firefighter. Peter represented FDNY firefighter Kevin Simpkins who was awarded a disability pension earlier this year. The settlement made for sensational headlines. Consider the following from the NY Post on may 22, 2015:

He’s had a much better run in court than battling fires.

Twelve-year FDNY firefighter Kevin Simpkins — the public face for a racial-discrimination class action by minority firefighters the city settled for $98 million — has won another jackpot from the de Blasio administration.

Under a settlement finalized with the city and filed in Brooklyn federal court on Wednesday, the litigious firefighter will retire at a 75 percent disability pension.

Let’s go beyond the headlines.

In this episode, Curt explores the connection between the law relating to duty to act and real life in a discussion with Fire Commissioner Dave Phillips, from the Washingtonville Fire District in New York. Commissioner Phillips suffered a heart attack and was brought back to life through the valiant efforts of his son, an FDNY firefighter, and a local EMS unit.

In this episode of Fire Law, attorney Jim Magazine discusses the five lawsuits he has filed over neck injuries to firefighters from the Cairns 1044 Helmet. The product liability suits were filed in Florida state court against MSA, the parent company for Cairns. The suits claim the helmets are defectively designed.

Rialto, California firefighter Nick DeLia brought a 42 U.S.C. § 1983 action in US District Court against the City of Rialto, the City of Rialto Fire Department, and several city officials after he was ordered to go into his personal residence and bring two rolls of fiberglass insulation out, in violation of the 4th Amendment. The case went to the US Supreme Court, and in this podcast Nick explains what happened and how the case turned out.

In this podcast District of Columbia Battalion Chief Richard Sterne explains the circumstances surrounding his demotion by Fire Chief Kenneth Ellerbe for not finding two officers guilty of charges at a disciplinary hearing. Curt Varone and DC Attorney Jim Pressler review the facts, the law and the politics behind the scene in the Nation’s Capitol.

On February 4, 2014, Chula Vista firefighter Jacob Gregoire was arrested by a California Highway Patrol officer at the scene of a roll over on Interstate 805. Curt Varone and FF Gregoire’s attorney, Dan Gilleon, discuss the arrest and the civil suit they have brought against the officer and CHP.

Curt Varone discusses a recently filed lawsuit in Kentucky against an ambulance company and two EMTs with the attorney who brought the action, John Vincent. The suit claims a 15 year old girl was the victim of sexual misconduct during a transport last December.

Can fire officers be disciplined for not supervising subordinates while off duty? Curt Varone and Illinois attorney Patrick Walsh discuss a suit pending in Illinois challenging the discipline of four firefighters for an altercation last December after a Christmas party.