Legal Opinion

Fetterman v. Green

Superior Court of Pennsylvania

Decided February 4, 1997No. 1353PublishedCited by 18 opinions

1Opinion of the Court

*642OLSZEWSKI, Judge:

Who decides who controls the airways? That is the question. This appeal presents us with an issue of first impression in our jurisdiction; namely, whether the Federal Communications Act (FCA) has preempted common law claims based upon radio frequency interference, thus divesting state courts of the proper subject matter jurisdiction to entertain the claims. The trial court in this matter determined that the causes of action pled by appellant were preempted by the federal legislation, and thus dismissed the complaint. Appellant timely appeals from this order.

By grant of the…

2Cases cited10 opinions

  1. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  2. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  3. CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
  4. Head v. New Mexico Board of Examiners in OptometrySupreme Court of the United States · 1963
  5. Nina Michael v. Shiley, Inc. Hospital Products Group, Inc., (Formerly Howmedica, Inc.) Pfizer, IncCourt of Appeals for the Third Circuit · 1995

5 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Werner v. Plater-ZyberkSuperior Court of Pennsylvania · 2002
  2. Freeman v. Burlington Broadcasters, Inc.Court of Appeals for the Second Circuit · 2000
  3. Southwestern Bell Wireless Inc. v. Johnson County Board of County CommissionersCourt of Appeals for the Tenth Circuit · 1999
  4. Aronson v. Sprint Spectrum, L.P.Superior Court of Pennsylvania · 2001
  5. Mastrocola v. Southeastern Pennsylvania Transportation AuthorityCommonwealth Court of Pennsylvania · 2008

13 more not listed; retrieve them via the Exa API.

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