What Sikkelee Means For Preemption In The 3rd Circ.
Law360 (November 8, 2018, 2:32 PM EST) -- The supremacy clause of Article VI of the U.S. Constitution authorizes Congress to preempt state law. Although defendants may invoke a variety of affirmative defenses based on preemption (both express and implied), conflict preemption is at the heart of the Third Circuit’s recent precedential analysis in Sikkelee v. Precision Airmotive Corp.
In a 2-1 decision, the majority held that a state tort law claim alleging defective design of an aircraft and its component parts should survive dismissal because it was not conflict-preempted by federal law. Although one could fill the pages of an entire textbook exploring the contours of the Sikkelee...
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