Sikkelee v. Avco Corporation 268 F.Supp.3d 660 (M.D. Pa. 2017)

Under the doctrine of “conflict pre-emption,” a manufacturer of aircraft component parts could not be held liable under state law theories of 402A product liability or negligence.

After remand from the Third Circuit Court of Appeals, Federal Judge Brann held that under the doctrine of “conflict pre-emption,” a manufacturer of aircraft engines could not be held liable under state law theories of 402A product liability or negligence. Currently on appeal back to the Third Circuit. The Third Circuit previously ruled in Sikkelee v. Precision Airmotive Corp., 822 F.3d 680 (Ca. 3d 2016) that the doctrine of “field pre-emption” did not preclude the claims arising out of this air-crash accident.

 

Case Law Alerts, 2nd Quarter, April 2018

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