Supreme Court to hear Eleventh Circuit Tennessee Valley Authority Case

The Supreme Court granted certiorari over the Eleventh Circuit’s holding that the Tennessee Valley Authority enjoyed governmental immunity in a personal injury suit.  Thacker v. Tenn. Valley Auth., 2018 WL 1091117 (U.S. Sept. 27, 2018).  The Eleventh Circuit held that the TVA was immune from suit because it was engaged in a discretionary government function – a test borrowed from Federal Tort Claims Act jurisprudence.  Thacker v. Tenn. Valley Auth., 868 F.3d 979, 981 (11th Cir. 2017).  Petitioners claim that the FTCA-derived test is not appropriate for an entity such as the TVA, which Congress gave the power to sue or be sued.  Further coverage is available here.

Submitted by Nick Boyd

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