Apr

    Preemption in Aviation: Dead or Destined to Make a Comeback? [CC]

    1 PM EDT

    Recently, the U.S. Supreme Court denied certioradi in Avco Corp. v. Sikkelee foreclosing further review of the 3rd Circuits's decision to reject preemption in that case, and, at the same time, the prospect of broad preemption under the FARs.

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    Preemption remains an issue in product liability litigation. Furthermore, despite the cert denial in Sikkelee, the Supreme Court has issued important preemption decisions in litigation involving the Food, Drug and Cosmetic Act that would appear to conflict with the 3rd Circuit's Sikkelee analysis. Considering that Sikkelee may be limited to its facts, this may suggest that in a different case the Supreme Court may yet be open to preemption arguments involving the FARs. On the other hand, recent attention given to the FAA's aircraft certification process, in particular the delegation of certification, suggests that the Agency's decisions on design certification should not receive preemptive effect.

    Event Details

    Duration

    90

    Format

    Web

    Date

    Apr 19, 2021

    2021-04-19T13:00:00-04:00 2021-04-19T14:30:00-04:00 Preemption in Aviation: Dead or Destined to Make a Comeback? [CC]

    Recently, the U.S. Supreme Court denied certioradi in Avco Corp. v. Sikkelee foreclosing further review of the 3rd Circuits's decision to reject preemption in that case, and, at the same time, the prospect of broad preemption under the FARs.

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    Panelists

    Anita Porte Robb

    Jeffrey Ellis

    Lauren Lacey Haertlein

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