Supreme Court Grounds Pilot's Defamation Claim

On January 27, 2014, in Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court overturned a former pilot's $1.4 million defamation judgment against Air Wisconsin Airlines.  The high court held that airlines are protected from defamation claims if they make a materially true statement to the Transportation Security Administration (TSA) under the Aviation and Transportation Security Act (ATSA).  The Court further clarified an ambiguity in the "actual malice" standard in New York Times v. Sullivan, 376 U.S. 254 (1964).  As a result, employers now have clearer guidance on what statements would be entitled to qualified immunity in response to employees' defamation claims. 

Factual and Procedural History