Air Wisconsin Airlines Corp. v. Hoeper
Supreme Court of Colorado
1Opinion of the CourtJustice Rice
T1 In this defamation action, we address whether a trial court must decide before trial if a party is immune from liability pursuant to the Aviation and Transportation Security Act (ATSA), 49 U.S.C. section 44941 (2006). Applying the principles of federal qualified immunity to the immunity conferred by the ATSA, we conclude that the trial court in this case erred by submitting to the jury the question of whether Air Wisconsin was immune from suit This error, however, is harmless because we conclude that Air Wisconsin is not entitled to immunity. In addition, our independent review of the…
2Cases cited23 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Mitchell v. ForsythSupreme Court of the United States · 1985
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Hunter v. BryantSupreme Court of the United States · 1991
- Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
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3Cited by13 opinions
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- Hickman v. Catholic Health InitiativesColorado Court of Appeals · 2013
- Health Grades, Inc. v. BoyerColorado Court of Appeals · 2012
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