TBA Law Blog

Posted by: Stacey Shrader Joslin on Oct 16, 2012

Several Middle Tennessee companies are suing for more than $350 million in damages from the May 2010 flood, but they have “a tough road ahead of them,” according to Paul Figley, a law professor who previously was a top Department of Justice official. Gaylord Entertainment Corp., Gibson Guitar, Nissan North America and several other companies sued the government earlier this year accusing the U.S. Army Corps of Engineers and National Weather Service of acting negligently before and during the flood. The government has asked the judge to dismiss the suits, claiming immunity under a 1928 law and the “discretionary function exception,” a provision in tort law that gives agencies legal protection when they make discretionary decisions based on policy considerations. The Tennessean has more.