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ARTICLE · 18 JUNE 2013

Supreme Court Docket Report - June 17, 2013

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Aviation and Transportation Security Act — Qualified Immunity For Voluntary ATSA Reporting; Fair Housing Act—Disparate-Impact Claims; Appealability—Finality of Decision Leaving Request for Contractual Attorney’s Fees Unresolved

United StatesLitigation, Mediation & Arbitration

Today, the Supreme Court granted certiorari in three cases of interest to the business community:

Aviation and Transportation Security Act — Qualified Immunity For Voluntary ATSA Reporting

To encourage airlines to report actual and potential security threats, Section 125 of the Aviation and Transportation Security Act provides that airlines and their employees who make a "voluntary disclosure" to specified law-enforcement agencies "of any suspicious transaction relevant to a possible violation of law or regulation, relating to air piracy, a threat to aircraft or passenger safety, or terrorism . . . shall not be civilly liable to any person under any law or regulation . . . for such disclosure." 49 U.S.C. §  44941(a). Section 125 does not, however, confer immunity for any disclosure made with "actual knowledge that the disclosure was false, inaccurate, or misleading," or with "reckless disregard as to [its] truth or falsity." Id. § 44941(b). Today the Supreme Court

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