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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.
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Defeating Certification of “No-Injury” Consumer Protection Class Actions
By Steven P. Benenson
In the past several years, plaintiffs’ firms have threatened or brought class actions against different companies under New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA). Here's what you need to know.
Maximizing Future Medical Damages in Paralysis Cases
By Mitch Warnock
When you take a catastrophic injury case involving paralysis, it is important to have a thorough understanding of the problems and pitfalls. In this article, the author explores, from personal experience, the different types of future expenses the client can expect to incur.
Genetic Labeling: Legal Uncertainty for Pharma Product Liability
By Shannon E. McClure and Whitney Mayer
The FDA’s recent approval of 23andMe’s direct-to-consumer genetic test to identify genes associated with 10 common diseases and disorders could result in a widespread expansion of patients armed with individualized health information. This expansion of genetic information in the hands of consumers potentially impacts regulatory and litigation issues for pharmaceutical companies.
By ljnstaff
Discussion of major rulings out of Texas and California.
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