Legal Opinion

Cupp v. Delta Air Lines, Inc.

Supreme Court of Virginia

Decided April 2, 2026No. 250902Published

1Opinion of the Court

PRESENT: All the Justices NICHOLAS W. CUPP OPINION BY v. Record No. 250902 JUSTICE WESLEY G. RUSSELL, JR. APRIL 2, 2026 DELTA AIR LINES, INC., ET AL. UPON A QUESTION OF LAW CERTIFIED BY THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT The United States Court of Appeals for the Fourth Circuit entered a certification order asking this Court to answer a determinative question of Virginia law presented in Cupp v. Delta Air Lines, Inc.,

154 F.4th 178

(4th Cir. 2025). Pursuant to Article VI, Section 1 of the Constitution of Virginia and Rule 5:40, we agreed to answer the following question…

2Cases cited5 opinions

  1. Brown v. LukhardSupreme Court of Virginia · 1985
  2. Holsapple v. CommonwealthSupreme Court of Virginia · 2003
  3. Daily Press, LLC v. Office of the Exec. Sec'y of the Supreme Court of Va.Supreme Court of Virginia · 2017
  4. Seguin v. Northrop Grumman Systems Corp.Supreme Court of Virginia · 2009
  5. AAA Disposal Services, Inc. v. EckertSupreme Court of Virginia · 2004

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