Tag Archives: tort claims

Thacker v. Tennessee Valley Authority: The Relationship Between Judicial Review and Tort Liability (Part II)

by Bernard Bell — Sunday, Oct. 7, 2018

This post concludes my two-part preview of Thacker v. Tennessee Valley Authority, Dkt. 17-1201 (U.S. Sup. Ct.). The first post argued that the Federal Tort Claims Act (“FTCA”) and the Administrative Procedure Act (“APA”) should be interpreted in a complementary manner.  It explained the discretionary function exception’s vital role in allocating controversies arising from government […]

Thacker v. Tennessee Valley Authority: The Relationship Between Judicial Review and Tort Liability (Part I)

by Bernard Bell — Saturday, Oct. 6, 2018

On September 28, the Supreme Court granted certiorari in Thacker v. Tennessee Valley Authority (“Thacker v. TVA”).  Order, Dkt. 17-1201, 2018 WL 4650382.  (The docket sheet is available here.)  The case raises the question of whether an implied discretionary function exception, akin to that in the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §2680(a), bars […]