News & Analysis as of

ATSA

U.S. Supreme Court Recognizes Airline Immunity for TSA Reports of Suspicious Behavior

by Smith Anderson on

In Air Wisconsin Airlines Corp. v. Hoeper (Jan. 27, 2014), the U.S. Supreme Court concluded that airlines are entitled to civil immunity for reporting suspicious behavior to the TSA, provided their reports are not “materially...more

"You Like 'To-May-Toe,' I Like 'To-Mah-Toe'" – Distinctions Without a Material Difference: Supreme Court Reverses Lower Court...

The events of September 11 were by no means the first examples of terrorism involving aviation, but they unified the U.S., if not the world, in its effort to make air travel safer. It was in the wake of 9/11 that Congress...more

Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

On Monday, Jan. 27, 2014, the Supreme Court unanimously reversed a $1.2 million Colorado defamation verdict in the case of Air Wisconsin Airlines Corp. v. Hoeper—a notable decision for a court that rarely accepts libel...more

U.S. Supreme Court Holds Airline Entitled to ATSA Immunity in Pilot Defamation Case

by Holland & Knight LLP on

In Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that immunity may not be denied under the Aviation and Transportation Security Act (ATSA) to substantially true statements. According to the Court,...more

Supreme Court Finds Air Carrier Immune From Defamation Claim For Reporting Employee’s Outburst to TSA

On January 27, 2014, the Supreme Court of the United States reversed a nearly $1.2 million jury verdict for defamation against Air Wisconsin Airlines Corporation in a case surrounding the airline carrier’s report about a...more

SCOTUS: Airlines Are Entitled to Immunity under the Aviation and Transportation Security Act Unless Statements Are Materially...

by Morrison & Foerster LLP on

Yesterday, the Supreme Court issued its decision in Air Wisconsin Airlines Corp. v. Hoeper, 571 U.S. ---, No. 12-315 (2014), holding that immunity for an air carrier under the Aviation and Transportation Security Act, 49...more

U.S. Supreme Court Adds "Relevant Reader or Listener" to "Material Falsity" Defamation Analysis

by Holland & Knight LLP on

In its decision in Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that "the relevant reader or listener" must be considered in assessing the falsity element in defamation lawsuits. The Air Wisconsin...more

U.S. Supreme Court Grants Certiorari on Significant Aviation Issues

by Holland & Knight LLP on

This spring, the U.S. Supreme Court granted certiorari to review two decisions that significantly affect the aviation industry, namely airline immunity under the Aviation and Transportation Security Act (ATSA) and preemption...more

ATSA Immunity: Supreme Court Grants Cert to Decide Bounds for Applying Immunity Under the Aviation Transportation Security Act

by Morrison & Foerster LLP on

The Supreme Court granted certiorari yesterday to decide whether a court can deny immunity under the Aviation Transportation Security Act (ATSA) in a defamation case without first deciding whether an airline’s report to the...more

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Cybersecurity

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