Air Wisconsin Airlines Corp. v. Hoeper Oral Argument

The U.S. Supreme Court heard oral argument in Wisconsin Air Airlines Corp. v. Hoeper to consider when airline employees reporting suspicious activity give up their immunity under the Aviation and Transportation Security Act. Under the act, airline employees have immunity from lawsuits when they report suspicious activity, but this immunity does not apply if they know their reports are false or if they show a reckless disregard for the truth. Wisconsin Air pilot William L. Hoeper failed a series of tests he needed to pass in order to pilot a new airplane and left yelling and cursing. The airline fired him, booked him a flight back home, and then contacted the Transportation Security Administration, saying Mr. Hoeper was mentally unstable and possibly carrying a weapon. The plane he was on was called to the gate and Mr. Hoeper was arrested. He then sued the airline for defamation and won. At issue in the case was whether the airline forfeited its immunity when it reported Mr. Hoeper. close