Twenty-two years ago the Third Circuit held in Abdullah v. American Airlines that, in negligence actions relating to aviation safety, federal law preempts state law and provides the governing standard of care. This means that, in aviation accident cases in the Third Circuit, plaintiffs must plead and prove that the defendant violated at least one federal aviation regulation (“FAR”) in order to pursue and prevail on a state law negligence claim. Although the Third Circuit in the Sikkelee…
By: Schnader Harrison Segal & Lewis LLP
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