THIRD CIRCUIT COURT OF APPEALS HOLDS FAA DOES NOT PREEMPT STATE PRODUCTS LIABILITY LAWS
May 13, 2016
In Sikkelee v. Precision Airmotive Corp., the U.S. Court of Appeals for the Third Circuit has held that the Federal Aviation Act does not preempt the field of aircraft design and manufacturing products liability claims based on state law. More specifically, the Court clarified its previous reading of Abdullah v. American Airlines, Inc. et al., 181 F.3d 363 (3rd Cir. 1999), holding that language in both the Federal Aviation Act and the General Aviation Revitalization Act of 1994 previously found to signify Congress’ clear intent to preempt state law for aviation safety claims does not apply to aircraft design and manufacturing products liability claims, expressly rejecting Plaintiff’s argument that the issuance of a type certificate constituted a per se preemption of state law.
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