F.H.A. v. Burr

1 Analyses of this case by attorneys

  1. The Supreme Court - September 27, 2018

    Dorsey & Whitney LLPTimothy DroskeSeptember 28, 2018

    TN Wine and Spirits Ass’n v. Byrd, No. 18-96: Whether the Twenty-first Amendment empowers States, consistent with the dormant Commerce Clause, to regulate liquor sales by granting retail or wholesale licenses only to individuals or entities that have resided in-state for a specified time.Thacker v. Tennessee Valley Authority, No. 17-1201: (1) Did the Eleventh Circuit err by using a Federal Tort Claims Act-derived “discretionary-function exception,” rather than Fed. Housing Admin. v. Burr, 309 U.S. 242 (1940), which tests the immunity of governmental “sue and be sued” entities, to immunize the Tennessee Valley Authority from the plaintiff’s claims? (2) Did the Eleventh Circuit, in any case, correctly apply the discretionary function test? Did that court correctly hold that safely raising a downed power line from the Tennessee River constitutes the sort of “policy”-laden discretionary work that this exception was designed to immunize from suit?