Cupp v. Delta Air Lines, Inc.

Holding

The United States Court of Appeals for the Fourth Circuit entered a certification order asking the Supreme Court of Virginia 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, this Court agreed to answer the following question posed by the Fourth Circuit: “Is a nonmandatory reporter who made a good-faith complaint regarding suspected child abuse to law enforcement without speaking to a Department of Social Services employee entitled to the immunity from civil liability provided by Virginia Code § 63.2-1512?” For the reasons set forth in this opinion, the answer to the question is “no.”