Supreme Court Update
U.S. Supreme Court Set To Weigh-In On Aviation And
Transportation Security Act Immunity
The U.S. Supreme Court is scheduled to hear oral arguments on
December 9, 2013 in a case that will likely define the scope of
immunity airlines enjoy when reporting potential security threats
to the Transportation Security Agency (TSA). In the wake of the
9/11 attacks, Congress passed the Aviation Transportation and
Security Act (ATSA), which created the TSA, and granted airlines
statutory immunity from civil liability arising out of reporting
possible security threats to the TSA. However, the Colorado Supreme
Court in Air Wisconsin Airlines Corp. v. Hoeper affirmed a
$1.4 million jury verdict against Air Wisconsin for making
allegedly defamatory statements to the TSA about an Air Wisconsin
pilot who "blew up" during a final proficiency test, faced
impending termination, and was believed to be about to board a
plane with a firearm. The pilot was removed from the flight, but
was allowed to travel later the same day, after questioning.
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LEGISLATIVE UPDATE
Illinois Legislature Imposes Time Limits For Payment Of
Settlements
On August 26, 2013, the Illinois Governor signed into law
an amendment to the Illinois Code of Civil Procedure that
establishes a timeline for tendering of a release and payment of
the settlement funds after a settlement agreement has been reached.
These new provisions, which become effective on January 1, 2014,
apply to all personal injury, property damage, wrongful death, and
tort actions involving a claim for monetary damages, except class
actions and claims involving Illinois governmental entities. Under
the new amendment, settling defendants must now tender to plaintiff
a release within fourteen days of written confirmation of the
settlement, and upon receipt of an executed release, the defendant
has thirty days to tender funds to the plaintiff. Failure to make a
timely payment may result in judgment against the defendant in the
amount of the settlement, plus costs and interest.
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