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Air Wisconsin Airlines Corp. v. Hoeper

Docket No. Op. Below Argument Opinion Vote Author Term
12-315 Colo. Dec 9, 2013
Tr.Aud. 		Jan 27, 2014 9-0 Sotomayor OT 2013

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondent in this case.

Holding: Under the Aviation and Transportation Security Act, airlines and their employees are immune from civil liability for reporting suspicious behavior, but – pursuant to 49 U.S.C. § 44941(b) – that immunity is not available for disclosures “made with actual knowledge that the disclosure was false, inaccurate, or misleading” or “with reckless disregard as to the truth or falsity of that disclosure.” Immunity under the ATSA may not be denied under Section 44941(b) without a determination that a disclosure was materially false. applies to materially true statements.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Sotomayor on January 27, 2014. Justice Scalia filed an opinion concurring in part and dissenting in part, in which Justice Thomas and Justice Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 3 2012Application (12A18) to extend the time to file a petition for a writ of certiorari from July 22, 2012 to August 22, 2012, submitted to Justice Sotomayor.
Jul 6 2012Application (12A18) granted by Justice Sotomayor extending the time to file until August 22, 2012.
Aug 7 2012Application (12A18) to extend further the time from August 22, 2012 to September 12, 2012, submitted to Justice Sotomayor.
Aug 9 2012Application (12A18) granted by Justice Sotomayor extending the time to file until September 12, 2012.
Sep 11 2012Petition for a writ of certiorari filed. (Response due October 15, 2012)
Oct 1 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner, and counsel for the respondents .
Oct 10 2012Order extending time to file response to petition to and including November 14, 2012.
Oct 12 2012Brief amicus curiae of John L. Mica filed.
Oct 15 2012Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Oct 15 2012Brief amicus curiae of Reporters Committee for Freedom of the Press filed.
Oct 15 2012Brief amicus curiae of International Air Transport Association filed.
Nov 14 2012Brief of respondent William L. Hoeper in opposition filed.
Nov 27 2012Reply of petitioner Air Wisconsin Airlines Corporation filed.
Nov 28 2012DISTRIBUTED for Conference of January 4, 2013.
Jan 7 2013The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 17 2013Brief amicus curiae of United States filed.
May 28 2013DISTRIBUTED for Conference of June 13, 2013.
May 28 2013Supplemental brief of respondent William L. Hoeper filed. (Distributed)
Jun 17 2013Petition GRANTED limited to the following Question: Whether ATSA immunity may be denied without a determination that the air carrier's disclosure was materially false.
Jul 10 2013The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2013.
Jul 10 2013The time to file respondent's brief on the merits is extended to and including October 25, 2013.
Jul 31 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Aug 7 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Aug 29 2013Joint appendix filed (3 volumes.) (Statement of costs filed.)
Aug 29 2013Brief of petitioner Air Wisconsin Airlines Corporation filed.
Sep 4 2013Brief amicus curiae of U.S. Representative John L. Mica filed.
Sep 5 2013Brief amicus curiae of United States filed.
Sep 5 2013Brief amici curiae of Airlines for America, et al. filed.
Sep 5 2013Brief amicus curiae of International Air Transport Association filed.
Sep 5 2013Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Sep 5 2013Brief amicus curiae of First Amendment Coalition filed.
Sep 5 2013Brief amici curiae of The Reporters Committee for Freedom of the Press, et al. filed. (Distributed)
Sep 17 2013SET FOR ARGUMENT ON Monday December 9, 2013.
Sep 17 2013CIRCULATED
Oct 23 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 25 2013Brief of respondent William L. Hoeper filed. (Distributed)
Nov 18 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 25 2013Reply of petitioner Air Wisconsin Airlines Corporation filed. (Distributed)
Dec 9 2013Argued. For petitioner: Jonathan F. Cohn, Washington, D. C.; and Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae). For respondent: Kevin K. Russell, Washington, D. C.
Dec 12 2013Record received from Supreme Court of Colorado. (3 Boxes)
Jan 27 2014Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Alito, JJ., joined, and in which Scalia, Thomas, and Kagan, JJ., joined as to Parts I, II, and III-A. Scalia, J., filed an opinion concurring in part and dissenting in part, in which Thomas and Kagan, JJ., joined.
Feb 21 2014Petition for Rehearing filed.
Feb 26 2014DISTRIBUTED for Conference of March 21, 2014.
Mar 24 2014Rehearing DENIED.
Mar 24 2014JUDGMENT ISSUED.
Mar 27 2014Record returned to Supreme Court of Colorado. (3 Boxes)
 
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