The Situation: The Third Circuit decided Sikkelee II, a closely watched case involving preemption in the aviation context.
The Outcome: A divided Third Circuit held, 2–1, that federal aviation law did not "conflict...more
The Department of Justice ("DOJ") recently issued a memorandum limiting the ability of its litigators to use agency guidance documents in civil enforcement actions against private parties.
The memo expands on a directive...more