Favorable Ruling of Aviation Law Obtained
Attorneys
On January
10, 2008, the United States District Court for the District of Connecticut
handed down a decision in Wong v.
Precision Airmotive, LLC, 05 CV ‘604 (WWE), rejecting a defendant’s
argument that the Federal Aviation Act and Federal Aviation Regulations preempt
state product liability law. “Federal preemption” arguments, like
those made in the Wong litigation,
threaten the rights of aviation disaster victims and their families.
Increasingly in recent years, aviation defendants have argued that they need
only comply with federal minimum safety standards. According to this argument
federal law preempts all state laws in aviation cases and aviation defendants
may not be held liable for violations of state negligence or product liability
laws. The defendants have even argued that an aviation case cannot even be heard
in state courts.
The Wong decision is a victory for aviation
victims. Kreindler attorneys Steven Pounian and Brian Alexander are leading
the firm’s work in the Wong
litigation.