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.[1]

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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