While Gary Thacker is attempting to sue the Tennessee Valley Authority for negligence in a boating accident, the TVA is claiming that it should receive something called “discretionary function immunity,” which would insulate it from lawsuit. The TVA Act, however, states that the corporate government agency may “sue and be sued”.
Should the TVA be subject to private lawsuits? Prof. Richard Peltz-Steele of the University of Massachusetts School of Law discusses discretionary function immunity and government liability in Thacker v. Tennessee Valley Authority. Oral argument is January 14, 2019.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.
Learn more about Richard Peltz-Steele:
Related Links & Differing Views:
SCOTUSblog: “Argument preview: When the Tennessee Valley Authority’s activities cause personal injury, may it claim discretionary policy immunity from liability?”
Campbell Law Review: “The Discretionary Function Exception to the Federal Tort Claims Act: How Much is Enough?”
University of Chicago Law Review: “The Discretionary Function Exception and Mandatory Regulations”
Yale Journal on Regulation: “Thacker v. Tennessee Valley Authority: The Relationship Between Judicial Review and Tort Liability”
Part I: http://yalejreg.com/nc/thacker-v-tennessee-valley-authority-the-relationship-between-judicial-review-and-tort-liability-part-i/
Part II: http://yalejreg.com/nc/thacker-v-tennessee-valley-authority-the-relationship-between-judicial-review-and-tort-liability-part-ii/