Continental Insurance Company v. United States

OPINION

ALICE M. BATCHELDER, Circuit Judge.

Appellants in these consolidated cases contend that the Army Corps of Engineers (“Corps”) negligently failed to follow its flood protocols in operating Old Hickory Dam, exacerbating the property damage caused by a one-thousand-year flood event in Tennessee. The district court dismissed Appellants’ claims for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), holding that Appellants’ claims were barred by the immunity provided in the Flood Control Act, 33 U.S.C. § 702c, and by the discretionary function exception to the…