Federal Preemption in Aviation Law: What Does It Mean & How Do You Advance Your Case?

This program, presented by attorneys Doug Amster and Gene Kaskiw of Lewis Brisbois Bisgaard & Smith LLP, will discuss the full scope of preemption available under federal law pertaining to the airline industry. The presenters will first begin with an overview of preemption in general, and then discuss federal preemption in the aviation context, including the Federal Aviation Act of 1958, Airline Deregulation Act of 1978 and the Air Carrier Access Act of 1986. The history of each of these statutes will be discussed, along with key federal cases applying the doctrines therein, and the current state of the law. The course will also provide practice tips for aviation lawyers on both sides of the bar for investigation, discovery, and briefing. 

Learning Objectives:

1. Provide an overview of the doctrine of federal preemption and what it means ("field" vs. "express")
2. Examine what areas of aviation are covered by each applicable act
3. Gain knowledge of key cases interpreting federal law
4. Develop litigation strategies to advance cases where preemption is an issue
5. Become familiar with common pitfalls and practical advice in litigating aviation cases