Product Liability -- 2020



Avco Corp. v. Sikkelee   (U.S. Supreme Court)

Federal Aviation Administration preemption of state law design-defect claims

The NAM filed an amicus brief in the U.S. Supreme Court urging review of a lower court opinion that a jury may hold Avco liable under state law for alleged defects in 1969 Federal Aviation Administration (FAA)-approved designs of part of a plane engine. The question before the Court is whether the FAA preempts state-law design-defect claims in the aviation industry, which is what Congress intended. This is important for manufacturers because a consistent safety standard is vital for regulation of critical modes of transportation. The NAM’s brief argued that the FAA’s requirement of prior approval of any aircraft or aircraft component design preempts state law that requires a design change because simultaneous compliance with state and federal law is impossible. On January 13, 2020, the Court denied review.


Related Documents:
NAM brief  (April 22, 2019)