US Claims Immunity In $326M Suit Over Marine Flare Fire

Law360, New York (May 22, 2013, 6:56 PM EDT) -- The U.S. Department of Justice asked a California federal judge on Tuesday to throw out Smithfield Foods Inc.'s $326 million insurance suit over a massive plant fire caused by a military-issued flare, arguing the government has immunity under the Federal Tort Claims Act.

The Marine Corps had no responsibility to supervise U.S. Marine Corps reservist Joshua Popp and can't be held responsible for his possession of the M125 green star cluster flare that was fired during a Fourth of July celebration with his family, according to...
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