Editor's Note :

Editor's Note :

The Supreme Court will release orders from the May 24 conference on Tuesday at 9:30 a.m. There is a possibility of opinions at 10 a.m. We will live-blog at this link.

Thacker v. Tennessee Valley Authority

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-1201 11th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the U.S. Court of Appeals for the 11th Circuit erred by using a “discretionary-function exception” derived from the Federal Tort Claims Act, from which the Supreme Court generally has declined to borrow rules, instead of the test set forth in Federal Housing Authority v. Burr when testing the immunity of governmental “sue and be sued” entities (like the Tennessee Valley Authority), to immunize the Tennessee Valley Authority from the plaintiffs’ claims; and (2) whether the U.S. Court of Appeals for the 11th Circuit correctly applied the discretionary-function test, in any case; and whether the lower court correctly held 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.

SCOTUSblog Coverage

DateProceedings and Orders
Feb 26 2018Petition for a writ of certiorari filed. (Response due March 29, 2018)
Mar 20 2018Motion to extend the time to file a response from March 29, 2018 to April 30, 2018, submitted to The Clerk.
Mar 21 2018Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2018.
Apr 25 2018Motion to extend the time to file a response from April 30, 2018 to May 30, 2018, submitted to The Clerk.
Apr 26 2018Motion to extend the time to file a response is granted and the time is further extended to and including May 30, 2018.
May 23 2018Motion to extend the time to file a response from May 30, 2018 to June 29, 2018, submitted to The Clerk.
 
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