Thacker v. Tennessee Valley Authority
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-1201 | 11th Cir. | Jan 14, 2019 | Apr 29, 2019 | 9-0 | Kagan | OT 2018 |
Holding: Title 16 U.S.C. §831c(b), which serves to waive the Tennessee Valley Authority’s sovereign immunity from suit, is not subject to a discretionary function exception of the kind in the Federal Tort Claims Act.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Kagan on April 29, 2019.
SCOTUSblog Coverage
- Opinion analysis: When the federal government acts as a commercial enterprise, the courthouse doors open wider (Gregory Sisk, April 29, 2019)
- Argument analysis: When is the government not really the government for immunity from tort liability? (Gregory Sisk, January 15, 2019)
- Argument preview: When the Tennessee Valley Authority’s activities cause personal injury, may it claim discretionary policy immunity from liability? (Gregory Sisk, January 7, 2019)
- Petition of the day (Aurora Barnes, April 4, 2018)
| Date | Proceedings and Orders |
|---|---|
| Feb 26 2018 | Petition for a writ of certiorari filed. (Response due March 29, 2018) |
| Mar 20 2018 | Motion to extend the time to file a response from March 29, 2018 to April 30, 2018, submitted to The Clerk. |
| Mar 21 2018 | Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2018. |
| Apr 25 2018 | Motion to extend the time to file a response from April 30, 2018 to May 30, 2018, submitted to The Clerk. |
| Apr 26 2018 | Motion to extend the time to file a response is granted and the time is further extended to and including May 30, 2018. |
| May 23 2018 | Motion to extend the time to file a response from May 30, 2018 to June 29, 2018, submitted to The Clerk. |
| May 24 2018 | Motion to extend the time to file a response is granted and the time is further extended to and including June 29, 2018. |
| Jun 29 2018 | Brief of respondent Tennessee Valley Authority in opposition filed. |
| Jul 13 2018 | Reply of petitioner Gary Thacker, et ux filed. |
| Jul 18 2018 | DISTRIBUTED for Conference of 9/24/2018. |
| Sep 27 2018 | Petition GRANTED. |
| Sep 28 2018 | The 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. |
| Nov 13 2018 | Brief of petitioners Gary Thacker, et ux filed. |
| Nov 19 2018 | Joint appendix filed. |
| Nov 28 2018 | SET FOR ARGUMENT ON Monday, January 14, 2019 |
| Nov 30 2018 | CIRCULATED |
| Dec 11 2018 | Record requested from the U.S.C.A. 11th Circuit. |
| Dec 13 2018 | Brief of respondent Tennessee Valley Authority filed. (Distributed) |
| Dec 18 2018 | Record received from the U.S.C.A. 11th Circuit is electronic and located on PACER. |
| Dec 26 2018 | Record from the U.S.D.C. Northern Dist. of Alabama is electronic and located on the District courts web site. |
| Jan 04 2019 | Reply of petitioners Gary Thacker, et ux filed. (Distributed) |
| Jan 14 2019 | Argued. For petitioners: Franklin Taylor Rouse, Huntsville, Ala. For respondent: Ann O'Connell Adams, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Apr 29 2019 | Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. |
| May 31 2019 | JUDGMENT ISSUED. |
