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Case Profile

Docket Number17-1201
Term2018
Full NameGary Thacker, et ux. v. Tennessee Valley Authority
Short NameThacker v. Tennessee Valley Authority
PetitionerGary Thacker, et ux.
RespondentTennessee Valley Authority
Date Argued (Reargued)Jan. 14, 2019
Date Decided

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? GRANTED LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.

Case Events

NoDateDescription
15 2018-11-28SET FOR ARGUMENT ON Monday, January 14, 2019
14 2018-11-19Joint appendix filed.
13 2018-11-13Brief of petitioners Gary Thacker, et ux filed.
12 2018-09-28The order granting the petition for a writ of certiorari is amended as follows: The petition for a writ of certiorari is granted limited to Question 1 presented by the petition.
11 2018-09-27Petition GRANTED.
10 2018-07-18DISTRIBUTED for Conference of 9/24/2018.
9 2018-07-13Reply of petitioner Gary Thacker, et ux filed.
8 2018-06-29Brief of respondent Tennessee Valley Authority in opposition filed.
7 2018-05-24Motion to extend the time to file a response is granted and the time is further extended to and including June 29, 2018.
6 2018-05-23Motion to extend the time to file a response from May 30, 2018 to June 29, 2018, submitted to The Clerk.
5 2018-04-26Motion to extend the time to file a response is granted and the time is further extended to and including May 30, 2018.
4 2018-04-25Motion to extend the time to file a response from April 30, 2018 to May 30, 2018, submitted to The Clerk.
3 2018-03-21Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2018.
2 2018-03-20Motion to extend the time to file a response from March 29, 2018 to April 30, 2018, submitted to The Clerk.
1 2018-02-26Petition for a writ of certiorari filed. (Response due March 29, 2018)

Case Counsels

NameParty NameDescriptionAddressPhoneType
Franklin Taylor RouseGary Thacker, et uxCounsel of RecordConchin, Cloud & Cole, LLC2404 Commerce Court, S.W.Huntsville, AL 35801taylor@conchincloudcole.com256-705-7777petitioner
Noel J. FranciscoTennessee Valley AuthorityCounsel of RecordSolicitor GeneralUnited States Department of Justice950 Pennsylvania Avenue, NWWashington, DC 20530-0001SupremeCtBriefs@USDOJ.gov202-514-2217respondent
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