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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.

April 1, 2018
Sikkelee v. Avco Corporation 268 F.Supp.3d 660 (M.D. Pa. 2017)

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

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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J. Bruce McKissock
Chair, Aviation and Complex Litigation Practice Group
(215) 575-4553
jbmckissock@mdwcg.com

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