Gregory Sisk

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Opinion analysis: When the federal government acts as a commercial enterprise, the courthouse doors open wider

In Thacker v. Tennessee Valley Authority, the federal government asked for broad policy immunity to shield choices by the Tennessee Valley Authority about the safety measures the TVA employed when stringing a power line across a river.

ByGregory Sisk/Apr 30, 2019

Merits Cases

Argument analysis: When is the government not really the government for immunity from tort liability?

In Thacker v. Tennessee Valley Authority, the government contends (and the lower courts agreed) that the TVA should be immune from tort liability to shield executive policy-making, even when the TVA is engaged in arguably commercial activity.

ByGregory Sisk/Jan 15, 2019

Merits Cases

Argument preview: When the Tennessee Valley Authority’s activities cause personal injury, may it claim discretionary policy immunity from liability?

When sued for a common-law tort, the United States government enjoys the benefit of a statutory exception to liability that prevents judicial second-guessing of executive policy decisions.

ByGregory Sisk/Jan 7, 2019