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Preemption Aircraft

Holland & Knight LLP

FAA Reauthorization Act Confirms Pre-emptive Effect of Statute Protecting Aircraft Lessors

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The FAA Reauthorization Act of 2018, enacted on Oct. 5, 2018, has clarified and confirmed the pre-emptive effect of the federal statute intended to shield from liability owners, lessors and secured parties not in operational...more

Amundsen Davis LLC

Liability Falls Out Of Favor For Aircraft Owners

Amundsen Davis LLC on

There was a time when aircraft owners were a frequent target of accident litigation. Despite frequent assertion by the defense bar (including the author) of the reasons that mere ownership without more (such as improper...more

Pierce Atwood LLP

Roma, III, Ltd. V. Board Of Appeals Of Rockport: Did The Supreme Judicial Court “Pave The Way” For Local Control Of Drones?

Pierce Atwood LLP on

Earlier this year, the Supreme Judicial Court (SJC) issued a relatively straightforward decision concerning heliports, home rule authority, and preemption – Roma, III, Ltd. v. Board of Appeals of Rockport....more

Butler Weihmuller Katz Craig LLP

"It's Not Old, It's A Classic!": Risk in Aging Aircraft with GARA Protecting Manufacturers

The General Aviation Revitalization Act of 1994 (“GARA”) was a byproduct of aging aircraft, rising costs, and tort liability in the United States. Congress was concerned that aircraft manufacturers were being devastated by...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

Buchalter

Town of East Hampton Explores Limits of Aircraft Noise Regulation

Buchalter on

In an unprecedented action aimed at limiting or eliminating noisy helicopters and fixed-wing aircraft from use of the East Hampton Airport, in East Hampton, Long Island, New York (“Airport”), on April 6, 2015, the East...more

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