Tag Archives: state tort law versus federal law

In the Third Circuit, Preemption Does Not Mean Preemption

The United States Court of Appeals for the Third Circuit has once again considered whether state law tort claims based on defects in aviation products are preempted by federal law. This time, in a 2-1 decision, the court ruled that an engine manufacturer can be sued over a defective product design even though the aircraft’s design was approved by the FAA and the components had a valid type certificate. Sikkelee v. Precision Airmotive Corporation, No. 17-3006 (October 25, 2018).

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