Four federal district courts in the Fifth, Eighth and Eleventh circuits and at least two prominent state courts recently held that state law aviation products liability claims were not preempted by federal law. This article explores this potential trend of courts refusing to grant defendants blanket immunity from traditional tort standards of care in this important area of aviation safety.
Implied field preemption, frequently invoked by defendants in aviation product cases, occurs when federal law leaves no room for state regulation, and congressional intent to supersede state law is “clear and manifest.”1 The standard is high because a court must presume that “state and local regulation related to matters of health and safety can normally coexist with federal regulations.”2
This content has been archived.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]
