Supreme Court Docket Report - June 17, 2013

Today, the Supreme Court granted certiorari in three cases of interest to the business community:

Aviation and Transportation Security Act — Qualified Immunity For Voluntary ATSA Reporting

To encourage airlines to report actual and potential security threats, Section 125 of the Aviation and Transportation Security Act provides that airlines and their employees who make a "voluntary disclosure" to specified law-enforcement agencies "of any suspicious transaction relevant to a possible violation of law or regulation, relating to air piracy, a threat to aircraft or passenger safety, or terrorism . . . shall not be civilly liable to any person under any law or regulation . . . for such disclosure." 49 U.S.C. § 44941(a). Section 125 does not, however, confer immunity for any disclosure made with "actual knowledge that the disclosure was false, inaccurate, or misleading," or with "reckless disregard as to [its] truth or falsity." Id. § 44941(b). Today the Supreme Court granted certiorari in Air Wisconsin Airlines Corp. v. Hoeper, No. 12-315, to decide whether courts can deny immunity to airlines and airline employees who make voluntary disclosures otherwise covered by Section 125 without first determining whether the reported information was actually false.

Because the Court's ultimate decision will help determine the extent to which airlines and their employees are subject to liability for voluntarily reporting perceived security threats to the Transportation Security Administration and other law-enforcement agencies, it should be of interest to all airlines that operate in the United States.

Respondent William Hoeper was an airline pilot employed by petitioner Air Wisconsin until the aircraft model that he piloted was discontinued and he was unable to obtain certification to pilot another type of aircraft. After failing in his fourth attempt to pass a flight-proficiency test, Hoeper accused his test administrators of sabotaging his examination. While Hoeper waited to board his flight home, Air Wisconsin reported to the TSA that a "disgruntled employee" who "may be armed" was about to board a commercial flight, and that Air Wisconsin employees were "concerned" about Hoeper's "mental stability." Based on that report, the TSA arrested Hoeper at the airport and searched him for weapons. When he learned of the reason for his arrest, Hoeper sued Air Wisconsin in Colorado state court for defamation, among other claims. After the trial court denied Air...