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Vol. 3 No. 2, Spring 2012; Grounding the Preemptive Effect of the Federal Aviation Act: A Look at the Third Circuit’s Recently Modified Field Preemption Ruling in Elassaad v. Independence Air, Inc. and the Effect of Wyeth v. Levine
Whether claims of negligence or product liability are preempted by the Federal Aviation Act currently splits the federal circuits. Despite over sixty years of federal control and significant changes to the statutory scheme, ...