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Air Wisconsin Airlines Corp. v. Hoeper

Docket No.12-315
Op. BelowColo.
ArgumentDec 9, 2013
Vote9-0
AuthorSonia Sotomayor
OpinionJan 27, 2014
TermOctober Term 2013
SCOTUS PageOpinion

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 Sonia Sotomayor on Jan 27, 2014. Justice Scalia filed an opinion concurring in part and dissenting in part, in which Justice Thomas and Justice Kagan joined.

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

Issue: Whether immunity under the Aviation and Transportation Security Act may be denied without a determination that the air carrier’s disclosure was materially false.

Proceedings & orders timeline

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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