This term, the Supreme Court of the United States had the opportunity to review a Colorado Supreme Court decision that dealt with immunity against civil liability under the Aviation and Transportation Security Act. Based on the long-accepted definition of malice, and statutory interpretation, the Supreme Court disagreed with the Colorado state courts' opinions, and reversed and remanded.
William Hoeper began working as a pilot for Air Wisconsin Airlines Corporation ("Air Wisconsin") in 1998, but in 2004, in order to retain his job, he had to pass certification on a different aircraft. Having failed the first three attempts, Air Wisconsin gave him a fourth and final attempt, with the understanding that he would be terminated if he did not pass. During the final simulation, Hoeper lost his temper, threw his headset and began yelling. A few hours later, Hoeper was on a flight back to Denver when the plane was ordered back to the gate, and Hoeper was removed, searched and questioned.