Sierra Pacific Can't Hold Gov't To Account Over Fire Damages

Law360, New York (July 5, 2012, 2:15 PM EDT) -- A California federal judge on Monday stood by her decision to grant the federal government partial summary judgment in its wildfire damages suit against Sierra Pacific Inc. and others, knocking down the defendants' argument that the government should have mitigated damages by salvaging timber after the 2007 fire.

U.S. District Judge Kimberly J. Mueller invoked the discretionary function exception to the Federal Tort Claims Act as she rejected the logging company's failure-to-mitigate defense. Under FTCA, the government may be sued for negligence — but not for...
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