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dc.contributor.authorBoula, Edward J., IIIen_US
dc.date.accessioned2017-06-12T16:58:27Z
dc.date.available2017-06-12T16:58:27Z
dc.date.issued2012-05
dc.identifier.citationEdward J. Boula III, Note, 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, 3 N. Ill. U. L. Rev. Online Supp. 57 (2012).en_US
dc.identifier.urihttp://commons.lib.niu.edu/handle/10843/17649
dc.description.abstractWhether 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, there is no consensus among courts as to what extent the Federal Aviation Act preempts state-based standards of care. Through interpretation of the Federal Aviation Act, most circuits have attempted to delineate how, why, and to what extent claims are preempted, but have reached markedly different results. Instead of clarifying the issue, the Supreme Court further complicated the matter in a recent decision which could pose implications on current interpretations. The Third Circuit recently modified its decade old interpretation of the Act in Elassaad v. Independence Air, Inc. Given the new interpretation and its likely effect on the other circuits, the focus of the article is to address whether the modified ruling is reconcilable with the Supreme Court’s recent preemption decision in Wyeth v. Levine. By discussing other Circuit’s interpretation of the Federal Aviation Act, most notably, the Ninth Circuit, as well as other statutory and regulatory schemes, the author concludes that the ill-defined, contextual interpretation of the Federal Aviation Act by the Third Circuit is improper. Instead, the claim-by-claim approach employed by the Ninth Circuit, is proper because it is more in line with congressional intent and does not change depending on the state of the aircraft or where the plaintiff pleads.en_US
dc.language.isoen_USen_US
dc.subjectnegligenceen_US
dc.subjectpreemptionen_US
dc.subjectstatutory interpretationen_US
dc.subjectThird Circuiten_US
dc.subjectNinth Circuiten_US
dc.subjectvenueen_US
dc.subjectpleadingen_US
dc.subjectclaim-by-claim approachen_US
dc.subjectFAAen_US
dc.subjectFederal Aviation Acten_US
dc.subjectcongressional intenten_US
dc.subjectcontextual interpretationen_US
dc.titleVol. 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. Levineen_US
dc.type.genreArticleen_US
dc.typeTexten_US
dc.contributor.departmentCollege of Lawen_US


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