Midwest v. Braun: The Ninth Circuit's Recent Opinion on Federal Aviation Act Preemption


On February 9, 2009, the Ninth Circuit confirmed that preemption under the Federal Aviation Act of 1958 (FAA) is alive and well, though not unlimited. In Midwest Express Holdings v. Braun, Case No. 07-55063, the court held that the FAA impliedly preempts all state-law aviation tort claims only in areas in which the Federal Aviation Administration issues “pervasive regulations.” In areas without pervasive regulations or other bases for preemption, state standards of care apply.

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