Case Study: Sierra Pacific Holdings V. Ventura

Law360, New York (April 10, 2012, 12:43 PM EDT) -- On March 20, 2012, the California Court of Appeal Second District held that nonmandatory safety standards issued by the Federal Aviation Administration in advisory circulars do not preempt state tort law on the standard of care. Sierra Pacific Holdings Inc. v. County of Ventura, 2d Civil No. B232307 (slip op.) (Cal. App. 2 Dist. Mar. 20, 2012). The court found that FAA advisory circulars are just that — advisory — and such nonmandatory federal standards are not federal “law” creating Supremacy Clause preemption.

The case arises...
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