Tag Archives: FTCA

Supreme Court Rejects Sixth and Eleventh Circuit’s “Discretionary Function” Immunity for TVA

In Thacker v. Tennessee Valley Authority, the Supreme Court held that sovereign immunity does not necessarily shield TVA’s “discretionary functions” from liability.  Justice Kagan’s unanimous opinion reversed the Eleventh Circuit, which had sided with longstanding Sixth Circuit precedent treating many TVA functions as immune from suit. Congress created the Tennessee Valley Authority, a government-owned corporation, … Continue Reading

SCOTUS: Dismissal of Claim Under FTCA “Exceptions” Does Not Bar Second Suit

The Supreme Court unanimously affirmed the Sixth Circuit yesterday in Simmons v. Himmelreich, holding that the Federal Tort Claims Act’s “judgment bar” provision does not apply to claims that are dismissed under the “Exceptions” provision of the FTCA.  The FTCA permits plaintiffs to sue the federal government for certain torts committed by government employees.  But … Continue Reading

Sixth Circuit Holds Grand Ole Opry Cannot Recover for Flood Damage

In a published opinion earlier this month, the Sixth Circuit affirmed a Tennessee district court’s dismissal of the Grand Ole Opry’s negligence action against the United States government for flood damages to the Opry in 2010. In dismissing the $326 million suit, the court held that the “discretionary function” exception to the Federal Tort Claims Act … Continue Reading
LexBlog