Federal Preemption in The Field of Aviation

This article provides an overview of federal preemption in the field of aviation by addressing recent decisions relating to two statues: the Federal Aviation Act of 1958 and the Airline Deregulation Act (ADA) of 1978. The authors contend that these recent decisions interpreting both Acts are likely to shift trends and change the nature of aviation litigation. As courts continue to evaluate whether claims fall within "air safety" under the 1958 Act and "services" under the ADA, the authors maintain that while plaintiffs should exercise caution in asserting claims against carriers, defendants should carefully examine whether claims are truly preempted before moving to dismiss claims, given precedent and the underlying purpose of the federal statute at issue.