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

Opinion analysis: Court bolsters statutory protection for air safety tipsters (Cristina Tilley)
Argument recap: Weighing how carefully airlines must choose their words when reporting safety threats (Cristina Tilley)
Argument preview: Revisiting the balance between speech and reputation in the context of airline security (Cristina Tilley)
Solicitor General files invitation briefs for June 13 Conference (Amy Howe)
Petition of the day (Ben Cheng)

Date	Proceedings and Orders (key to color coding)
Jul 3 2012	Application (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 2012	Application (12A18) granted by Justice Sotomayor extending the time to file until August 22, 2012.
Aug 7 2012	Application (12A18) to extend further the time from August 22, 2012 to September 12, 2012, submitted to Justice Sotomayor.
Aug 9 2012	Application (12A18) granted by Justice Sotomayor extending the time to file until September 12, 2012.
Sep 11 2012	Petition for a writ of certiorari filed. (Response due October 15, 2012)
Oct 1 2012	Consent 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 2012	Order extending time to file response to petition to and including November 14, 2012.
Oct 12 2012	Brief amicus curiae of John L. Mica filed.
Oct 15 2012	Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Oct 15 2012	Brief amicus curiae of Reporters Committee for Freedom of the Press filed.
Oct 15 2012	Brief amicus curiae of International Air Transport Association filed.
Nov 14 2012	Brief of respondent William L. Hoeper in opposition filed.
Nov 27 2012	Reply of petitioner Air Wisconsin Airlines Corporation filed.
Nov 28 2012	DISTRIBUTED for Conference of January 4, 2013.
Jan 7 2013	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 17 2013	Brief amicus curiae of United States filed.
May 28 2013	DISTRIBUTED for Conference of June 13, 2013.
May 28 2013	Supplemental brief of respondent William L. Hoeper filed. (Distributed)
Jun 17 2013	Petition 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 2013	The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2013.
Jul 10 2013	The time to file respondent's brief on the merits is extended to and including October 25, 2013.
Jul 31 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Aug 7 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Aug 29 2013	Joint appendix filed (3 volumes.) (Statement of costs filed.)
Aug 29 2013	Brief of petitioner Air Wisconsin Airlines Corporation filed.
Sep 4 2013	Brief amicus curiae of U.S. Representative John L. Mica filed.
Sep 5 2013	Brief amicus curiae of United States filed.
Sep 5 2013	Brief amici curiae of Airlines for America, et al. filed.
Sep 5 2013	Brief amicus curiae of International Air Transport Association filed.
Sep 5 2013	Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Sep 5 2013	Brief amicus curiae of First Amendment Coalition filed.
Sep 5 2013	Brief amici curiae of The Reporters Committee for Freedom of the Press, et al. filed. (Distributed)
Sep 17 2013	SET FOR ARGUMENT ON Monday December 9, 2013.
Sep 17 2013	CIRCULATED
Oct 23 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 25 2013	Brief of respondent William L. Hoeper filed. (Distributed)
Nov 18 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 25 2013	Reply of petitioner Air Wisconsin Airlines Corporation filed. (Distributed)
Dec 9 2013	Argued. 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 2013	Record received from Supreme Court of Colorado. (3 Boxes)
Jan 27 2014	Judgment 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 2014	Petition for Rehearing filed.
Feb 26 2014	DISTRIBUTED for Conference of March 21, 2014.
Mar 24 2014	Rehearing DENIED.
Mar 24 2014	JUDGMENT ISSUED.
Mar 27 2014	Record returned to Supreme Court of Colorado. (3 Boxes)

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Air Wisconsin Airlines Corp. v. Hoeper

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