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Thacker v. Tennessee Valley Authority

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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

DateProceedings and Orders (key to color coding)
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.
May 24 2018Motion to extend the time to file a response is granted and the time is further extended to and including June 29, 2018.
Jun 29 2018Brief of respondent Tennessee Valley Authority in opposition filed.
Jul 13 2018Reply of petitioner Gary Thacker, et ux filed.
Jul 18 2018DISTRIBUTED for Conference of 9/24/2018.
Sep 27 2018Petition GRANTED.
Sep 28 2018The 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 2018Brief of petitioners Gary Thacker, et ux filed.
Nov 19 2018Joint appendix filed.
Nov 28 2018SET FOR ARGUMENT ON Monday, January 14, 2019
Nov 30 2018CIRCULATED
Dec 11 2018Record requested from the U.S.C.A. 11th Circuit.
Dec 13 2018Brief of respondent Tennessee Valley Authority filed. (Distributed)
Dec 18 2018Record received from the U.S.C.A. 11th Circuit is electronic and located on PACER.
Dec 26 2018Record from the U.S.D.C. Northern Dist. of Alabama is electronic and located on the District courts web site.
Jan 04 2019Reply of petitioners Gary Thacker, et ux filed. (Distributed)
Jan 14 2019Argued. 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 2019Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.
May 31 2019JUDGMENT ISSUED.