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Case Profile

Docket Number17-1201
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 DecidedApril 29, 2019

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 Prediction Summary

- correct prediction- wrong prediction
Total Prediction Count801
Votes for Justice Affirm48
Votes to Justice Reverse753
% Justice (A)ffirm/(R)everse
95 (R)
Votes for Outcome Affirm5
Votes for Outcome Reverse84
% Outcome (A)ffirm/(R)everse
95 (R)
Predicted Outcome

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