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No. 17-1201October Term 2018Decided Apr 29, 2019

Docket 17-1201October Term 2018 (2018–2019)

Gary Thacker, et ux., Petitioners v. Tennessee Valley Authority

Courts may not automatically import the Federal Tort Claims Act's discretionary-function shield into TVA's separate "sue and be sued" statute.

Case status

Current stage
Decided
Latest event
Decision released Apr 29, 2019
Case Accepted
Arguments
Decision ReleasedApr 29, 2019
What it's about

from the United States Court of Appeals for the Eleventh Circuit.

Question presented

1. This Court tests the immunity of governmental "sue and be sued" entities (like the Tennessee Valley Authority) under Fed. Housing Amin. v. Burr , 309 U.S. 242 (1940). The Court has declined to borrow rules from the Federal Tort Claims Act (FTCA) to narrow that immunity. FDIC v. Meyer , 510 U.S. 471 (1994). Did the Eleventh Circuit err by using an FTCA-derived "discretionary-function exception," rather than Burr , to immunize the TVA from the plaintiffs' claims? 2. Did the Eleventh Circuit, in any case, correctly apply the discretionary-function test? Did that court correctly hold that safely raising a downed power line from the Tennessee River constitutes the sort of "policy"-laden discretionary work that this exception was designed to immunize from suit?

Case path

United States Court of Appeals for the Eleventh Circuit / Decision released Apr 29, 2019

Area

Decided Supreme Court case

Briefing

What it's about

The case asked whether the Tennessee Valley Authority could avoid a lawsuit by using a discretionary-function rule borrowed from the Federal Tort Claims Act. The Supreme Court said TVA's immunity must be judged under its own "sue and be sued" statute rather than that FTCA-based approach.

Impact

The decision affects people who sue TVA over injuries tied to its operations, such as accidents involving power equipment or waterways. It also matters for other government-created corporations that Congress allowed to "sue and be sued."

What's next

The Supreme Court has finished with this case. Any remaining proceedings would happen outside the Supreme Court under the rule the justices announced.

What was the main fight in Gary Thacker v. Tennessee Valley Authority?

The dispute was over whether TVA could use an immunity rule borrowed from the Federal Tort Claims Act. The Court said TVA's own statute controls that question.

Who is most affected by this decision?

People injured in incidents involving TVA operations are directly affected. The ruling also matters to lawyers and judges handling suits against federal corporations with similar statutes.

What happens next after the Supreme Court's decision?

The Supreme Court's work on this case is done. Any further case-specific action would take place in lower courts or through settlement talks.

Decision

Decision record

What the Court decided

Courts may not automatically import the Federal Tort Claims Act's discretionary-function shield into TVA's separate "sue and be sued" statute.

Impact

The decision affects people who sue TVA over injuries tied to its operations, such as accidents involving power equipment or waterways. It also matters for other government-created corporations that Congress allowed to "sue and be sued."

Not official Court text.

Opinion documents