Legal Opinion
Painter v. Tennessee Valley Authority
Court of Appeals for the Fifth Circuit
Decided March 28, 1973No. Nos. 72-3690, 72-3691PublishedCited by 28 opinions
1Per curiam
These two actions brought under the Alabama wrongful death act1 against the Tennessee Valley Authority [TVA] were dismissed for failure to state a claim upon which relief could be granted. We affirm.
The TVA is a federally owned corporation and it is conceded to be an agency or instrumentality of the United States. Though it may sue or be sued in contract or tort,2 Congress has made no provisions allowing suit against it for punitive damages.
The plaintiffs candidly concede that pursuant to Alabama law the only damages recoverable under the wrongful death statute are punitive damages. There is…
2Cases cited8 opinions
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Keifer & Keifer v. Reconstruction Finance Corp.Supreme Court of the United States · 1939
- Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
- Massachusetts Bonding & Insurance v. United StatesSupreme Court of the United States · 1956
- Reconstruction Finance Corporation and Federal Facilities Corporation v. The State of TexasCourt of Appeals for the Fifth Circuit · 1956
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Mark Wayne v. Tennessee Valley AuthorityCourt of Appeals for the Fifth Circuit · 1984
- Maggie Bell Heathcoat, as Administratrix for the Estate of Leonard James Heathcoat, Deceased v. Karl Potts, Kenneth Rhoden, Clyde SnoddyCourt of Appeals for the Eleventh Circuit · 1990
- Charles Stinson Smith and Jimmie Dean Smith v. Russellville Production Credit AssociationCourt of Appeals for the Eleventh Circuit · 1985
- Olney Savings & Loan Ass'n v. Trinity Banc Savings Ass'nCourt of Appeals for the Fifth Circuit · 1989
- Bank One, Texas, N.A. v. TaylorCourt of Appeals for the Fifth Circuit · 1992
23 more not listed; retrieve them via the Exa API.