RPJ Partner Nicole Page Featured in Law360 Article Discussing Delta Lawsuit

By Nicole Page

Last Wednesday, in the case of Sara Caruso v. Delta Air Lines Inc., in a split decision the second United States Court of Appeals for the First Circuit upheld Delta’s dismissal of former employee Sara Caruso’s lawsuit. The lawsuit, in which Caruso had originally sued Delta in 2020, claimed that the company mishandled and inadequately investigated her claim that a pilot, James Lucas, sexually assaulted her during a layover in August 2018.

Delta’s investigation faced criticism for delays, such as not interviewing Lucas until eight months later and failing to retrieve key evidence from the hotel. Despite these issues, the majority of the First Circuit panel found Delta’s response to be sufficiently reasonable, noting the airline conducted some investigatory steps and did not need to be perfect. The standard for evaluating the reasonableness of an investigation is generally lenient, focusing on whether the employer made a good-faith effort rather than requiring a flawless investigation.

Judge O. Rogeriee Thompson, however, dissented, criticizing the majority for overlooking inconsistencies in Lucas’s testimony and for failing to consider physical presented by Caruso, including bruises and petechiae noted by a nurse. Judge Thompson argued that the case should have gone to trial due to these unresolved issues, and that dismissing Caruso’s case was a form of victim-shaming due to her delayed police report.

Furthermore, other legal experts and attorneys, including RPJ Partner Nicole Page, feel the majority’s decision reflects broader systemic issues in how such cases are handled. When interviewed on the matter, Page said “[w]hat it looks like to me is these judges and Delta decided to believe a male pilot over a female flight attendant, and the decision embodies the types of power imbalances and discrimination we have to keep fighting against.”

Caruso’s attorneys are now considering their legal options. Read the full article here.

This article is intended as a general discussion of these issues only and is not to be considered legal advice or relied upon. For more information, please contact RPJ Partner Nicole Page who counsels clients in areas of entertainment, employment and intellectual property. Ms. Page is admitted to practice law in New York and the United States District Courts for the Southern and Eastern Districts of New York.