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You Like 'To-May-Toe,' I Like 'To-Mah-Toe' -- Distinctions Without a Material Difference: Supreme Court Reverses Lower Court Rejection of ATSA Immunity



by Barry S. Alexander
Schnader Harrison Segal & Lewis LLP - Washington Office

Jonathan M. Stern
Schnader Harrison Segal & Lewis LLP - Washington Office

February 5, 2014

Previously published on January 2014

The events of September 11 were by no means the first examples of terrorism involving aviation, but they unified the U.S., if not the world, in its effort to make air travel safer. It was in the wake of 9/11 that Congress enacted the Aviation and Transportation Security Act (ATSA), pursuant to which the Transportation Security Administration (TSA) was created. Among its provisions, the ATSA gave airlines immunity against civil liability for reporting suspicious behavior in an effort to ensure that the TSA would be informed of potential threats.


 

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Jonathan M. Stern
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Aviation & Aerospace
 
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