FMJ Earns Victory at the United States Supreme Court

January 2014

In June 2013, the U.S. Supreme Court granted our client’s (Air Wisconsin) petition for certiorari in the case of Air Wisconsin Airlines Corp. v. Hoeper. This week, the U.S. Supreme Court ruled in favor of our client, creating significant implications for the flying public and airline industry.

The Court decided that airlines have broad immunity under the Aviation and Transportation Security Act, a post-9/11 security law, and threw out a $1.4 million defamation lawsuit awarded to a pilot who was reported by his employer Air Wisconsin as a possible security threat.

Read more about the decision in this Twin Cities Business article.

Lead attorney for Air Wisconsin, FMJ founding shareholder Donald Chance Mark, Jr. says, “While this case is a significant victory for our client, more importantly, it is a victory for the flying public. It not only helps ensure passenger safety, but the High Court has also affirmed that air carriers are entitled to immunity from lawsuits if they report suspicious activity to TSA, as required by the Aviation and Transportation Security Act. I expect that this case will serve as a precedent for future claims involving air security matters.”