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Third Circuit Limits Scope on Federal Preemption in Aviation Cases

By Steven R. Pounian and Justin T. Green

The U.S. Court of Appeals for the Third Circuit's 1999 decision in Abdullah v. American Airlines, 181 F.3d 363 (3d Cir. 1999), dropped a bombshell with its sweeping declaration that the Federal Aviation Act (FA Act) (Pub.L. No. 85-726, 72 Stat. 731 (codified as amended at 49 U.S.C. ” 40101-49105)) and its regulations preempt the “entire field” of air safety. While state law historically provided the foundation for nearly all aviation injury and death suits, Abdullah dramatically shifted the landscape, sparking motions to dismiss state law claims and forcing plaintiffs to undertake the often futile task of delineating a federal law basis for their actions. Earlier this year, however, in Sikkelee v. Precision Airmotive Corp., Slip op. No. 14-4193 (3d Cir. April 19, 2016), the Third Circuit sharply limited the scope of Abdullah's field preemption ruling, holding that it does not extend to state product liability claims.

Sikkelee concluded that Abdullah “does not govern product liability claims” and that such claims “may proceed using a state standard of care.” Slip op. at 5, 18. The Third Circuit observed that the field preemption declared by Abdullah was limited to “in-air” operations. Id. at 18.

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