Implied Field Preemption of Aviation Claims Under the Federal Aviation Act: How the Landscape is Changing

Implied federal preemption in the aviation field has gained significant popularity in recent years and the notion of "complete field preemption" of aviation-related claims by the Federal Aviation Act of 1958 is quickly gaining ground as the prevailing position. Five federal courts of appeal have now held that federal law "occupies the field of aviation safety to the exclusion of state regulations" and several other courts have also held that certain aspects of aviation are impliedly preempted by federal law. Following this reasoning, several lower courts have in fact dismissed complaints that fail to allege a relevant regulatory violation - sometimes in the absence of any evidence that there actually is a federal regulation governing the claim at issue. At the same time, a number of courts, including the circuits that pioneered the implied preemption doctrine in the first place, have been taking a harder look at this somewhat amorphous concept and clarifying or limiting its scope in some significant ways. This article outlines where, exactly, each of the federal circuit courts now stand on this issue. It also provides a summary of how the doctrine developed and why, in all likelihood, it will continue to be limited in the future.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/issn/19347170
• Authors:
  • Stinson, Paul E
• Publication Date: 2011

Language

• English

Media Info

• Media Type: Print
• Features: Tables;
• Pagination: pp 67-83
• Serial:
  • Issues in Aviation Law and Policy
  • Volume: 11
  • Issue Number: 1
  • Publisher: International Aviation Law Institute
  • ISSN: 1934-7170
  • Serial URL: https://las.depaul.edu/centers-and-institutes/chaddick-institute-for-metropolitan-development/research-and-publications/Pages/issues-aviation-law-policy.aspx

Subject/Index Terms

• TRT Terms: Air transportation; Appeals; Aviation law; Aviation safety; Case studies; Court decisions; Federal conflict preemption (Law); Federal laws; Legal factors; Policy, legislation and regulation; State laws
• Identifier Terms: Federal Aviation Act of 1958
• Geographic Terms: United States
• Subject Areas: Aviation; Law; Policy; I10: Economics and Administration;

Filing Info

• Accession Number: 01361368
• Record Type: Publication
• Files: TRIS
• Created Date: Jan 25 2012 2:23PM