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Federal Aviation Act Preemption

Seyfarth Shaw LLP

Wage-Hour Rulings Impacting Air Carriers Show Continued Headwinds In California

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Northern District of California recently issued two rulings with noteworthy employment implications for commercial air carriers. The first ruling represents the first time a court has found that federal...more

Holland & Knight LLP

Courts Continue to Reaffirm Preemptive Effect of Statute Protecting Aircraft Lessors

Holland & Knight LLP on

A decision out of the U.S. District Court for the District of Hawaii joins a growing list of holdings reaffirming the proposition that an owner, lessor or secured party not in actual possession or control of an aircraft is...more

Morrison & Foerster LLP

Third Circuit Limits Federal Aviation Act Preemption for Product Liability Claims

In a departure from a string of cases supporting field preemption of state-law aviation product liability claims under certain circumstances by the Federal Aviation Act (FAAct), the Third Circuit recently held that the FAAct...more

Morrison & Foerster LLP

May State and Local Governments Control Low-Flying Drones?

Most of the attention paid to drones has focused on issues of aviation and Federal Aviation Administration (FAA) authority. Yet much of the impact of low-flying drones will fall, not on the national air transportation system,...more

Orrick - Employment Law and Litigation

Federal Preemption Defense Running Out of Gas?

Recent decisions by the Ninth Circuit Court of Appeals and the California Supreme Court have thrown a road block in the way of employers relying on a federal statute to preempt certain state wage-and-hour law claims. At issue...more

Morrison & Foerster LLP

Ventress III Provides Another Tool for Airlines: Ninth Circuit Says Federal Aviation Act Preempts Pilot’s State Law Employment...

On March 28, 2014, the Ninth Circuit strengthened its Federal Aviation Act (the “Act”) preemption jurisprudence, holding that state law claims for retaliation and constructive termination are preempted under the Act when they...more

Benesch

InterConnect FLASH! No. 35 - Focusing on Solutions Rather than the Problem

Benesch on

As we flip the page on the calendar to close out the year, the title of the recent editorial in the Arkansas Trucking Report, “Good Things Come to Those Who Change,” really hit home. The editorial focused on the idea of...more

Morrison & Foerster LLP

The Ninth Circuit’s “Nuanced” Approach to FAA Preemption Leads to Greater Uncertainty and Invites Artful Pleading

Announcing a “nuanced” approach to Federal Aviation Act of 1958 preemption, the Ninth Circuit has further narrowed the scope of federal preemption in the aviation field. In this client alert, we summarize the new framework...more

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