Recent Decisions Raise Red Flags About Implied Federal Preemption of Aviation-Related Claims
Implied federal preemption in the aviation field has been the subject of considerable attention in recent years and the notion of “complete field preemption” of aviation-related claims by the Federal Aviation Act is quickly gaining popularity, with five federal courts of appeal now holding that federal law “occupies the field of aviation safety to the exclusion of state regulations.” By and large, these decisions have been applauded by aviation and airline defendants as furthering Congress’ intent to create a uniform system of air safety regulation as opposed to a “patchwork” of conflicting state laws. This article takes a different approach to the preemption discussion by highlighting some of the more surprising results.
Adapted with permission from United States Law Week, Vol. 79, No. 42, (May 10, 2011). Copyright 2011 The Bureau of National Affairs, Inc. (800-372-1033) www.bna.com.
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