Legal Opinion

Sikkelee Ex Rel. Estate of Sikkelee v. Precision Airmotive Corp.

Court of Appeals for the Third Circuit

Decided April 19, 2016No. 14-4193PublishedCited by 42 opinions

1Opinion of the Court

OPINION

KRAUSE, Circuit Judge.

This case presents the question whether Abdullah v. American Airlines, Inc., 181 F.3d 368 (3d Cir.1999), in which we held that federal law preempts the field of aviation safety, extends to state law products liability claims. We hold it does not. In light of principles of federalism and the presumption against preemption, Congress must express its clear and manifest intent to preempt an entire field of state law. Here, none of the relevant statutes or regulations signals such an intent. To the contrary, the Federal Aviation Act, the General Aviation Revitalization…

2Cases cited80 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  3. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  4. United States v. Mead Corp.Supreme Court of the United States · 2001
  5. Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005

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3Cited by42 opinions

  1. Walter Shuker v. Smith & Nephew PLCCourt of Appeals for the Third Circuit · 2018
  2. In Re Nickelodeon Consumer Privacy LitigationCourt of Appeals for the Third Circuit · 2016
  3. Terry Klotz v. Celentano Stadtmauer and WaleCourt of Appeals for the Third Circuit · 2021
  4. Plastic Surgery Center, P.A. v. Aetna Life Insurance CoCourt of Appeals for the Third Circuit · 2020
  5. In Re Vehicle Carrier Services Antitrust LitigationCourt of Appeals for the Third Circuit · 2017

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