Credit: jovannig/Adobe Stock Aviation Federal Preemption and Products Liability Standards
The most hotly contested aviation law issue in the United States has been whether and to what extent federal law preempts state law. The stakes in the fight over preemption are high because a preemption finding can truly lead to virtual immunity for an aviation manufacturer of a defective product. Given these stakes, the authors of this article address the state of play in the Second Circuit given the recent 'Jones' decision.
January 09, 2024 at 09:45 AM
14 minute read
Products Liability
The most hotly contested aviation law issue in the United States over the past 25 years has been whether and to what extent federal law preempts state law. The aviation defense bar has had considerable success in convincing courts that Congress impliedly intended to preempt at least some state law liability standards when it passed the Federal Aviation Act in 1958, Pub.L. No. 85-2360, (FAAct).
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