Whether state products liability laws are preempted by the 1958 Federal Aviation Act has been a major issue in aviation law over the past decade. Although a majority of courts have rejected arguments for “field preemption” of state law, the issue remains hotly contested and has become a frontline defense of aviation manufacturers in every case. The consequence of preemption is breathtaking: it would wipe out over six decades of state law jurisprudence defining strict liability and negligence causes of action and could shield manufacturers from liability in most aviation cases.
The recent Supreme Court decision in Wyeth v. Levine,1 however, has shifted the legal landscape against implied field preemption. Wyeth rejected arguments made by a drug manufacturer to impose a federal statutory shield to bar the imposition of state products liability standards. The Court held that absent an express preemption clause, courts should not ordinarily infer that Congress intended to overturn state law.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
