SECOND CIRCUIT REJECTS FIELD PREEMPTION DEFENSE AS APPLIED TO MILITARY AIRCRAFT
December 20, 2023
he United States Court of Appeals for the Second Circuit (the “Second Circuit”) ruled that the implied field preemption defense pursuant to the Federal Aviation Act (the Act) does not apply to military aircraft. The dispute at issue began after surviving family members of two deceased United States Army pilots sued various engine manufacturers, alleging that a fatal helicopter crash resulted from design and manufacturing defects. While the district court rejected the family members’ arguments and subsequently granted summary judgement for the engine manufacturers on the grounds that the Act’s field preemption applies to military aircraft, the Second Circuit disagreed. Noting that field preemption is always a matter of congressional intent, the Second Circuit reasoned that Congress’ removal of military aircraft from the Act’s scope indicates that it did not intend to include military aircraft in the preempted field. More precisely, the Second Circuit noted that the Act only vests the Federal Aviation Administration with the authority to “promote safe flight of civil aircraft” thereby excluding aircraft owned and operated by the armed forces. Accordingly, the Second Circuit reasoned that Congress intended the Department of Defense and related military branches should have authority over military aircraft, and such aircraft should not be covered under the statutory scheme for civil aircraft outlined in the Act.
If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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