Colo. Court Further Affirms Design Defect Preemption
Law360, New York (January 7, 2016, 4:37 PM EST) -- In two recent opinions in Bowe v. Air Methods Corp. and Repsher v. Air Methods Corp. a Colorado state court has held that product design defect claims brought by plaintiffs related to a high-profile helicopter accident in Frisco, Colorado, are preempted by federal law.[1] Based on U.S. Tenth Circuit and Colorado Supreme Court precedent, defendants Airbus Helicopters SAS and Airbus Helicopters Inc. moved the court to dismiss the plaintiffs' complaints because they failed to allege a violation of federal standards of care, which impliedly preempted state standards in the field of aviation safety. The court agreed and required plaintiffs to amend their complaints to allege violations of applicable Federal Aviation Regulations or face dismissal with prejudice....
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