Wilson v. Piper Aircraft Corp.

While I join in the court’s decision, the relationship between the allegedly defective design of the aircraft and the FAA’s certification of that design perhaps deserves additional discussion.

Defendant contends that the approval of the design by a federal agency charged with responsibility for aircraft safety "preempts” any state law that would predicate liability on the production and sale of this aircraft type for use within the conditions for which it is certified. The contention blends two arguments: an argument based on federal supremacy, particularly with respect to equipment used in…