ARTICLE · 18 AUGUST 2017

Guest Post – Design Defect Implied Preemption Is Not Just for Drugs

Reed Smith

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At times one can tell from the very first paragraph of an opinion that what follows will be an interesting read. Such is the case with Sikkelee v. Avco Corp., Case. No. 4:07-CV-00886...

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Today's guest post is by long-time friend-of-the-blog, Dick Dean, of Tucker Ellis. This post covers the preemption aspects of the recent (after remand from the Third Circuit) aviation decision in Sikkelee v. Avco. If you're interested in this issue, we heartily commend the actual decision (which, we warn you, is quite lengthy), since in addition to its many significant legal rulings, it is studded with pungent language, mostly calling out and rejecting plaintiff's many off-the-wall arguments. As always our guest poster deserves all the credit (and any blame) for the discussion that follows.

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At times one can tell from the very first paragraph of an opinion that what follows will be an interesting read. Such is the case with Sikkelee v. Avco Corp., Case. No. 4:07-CV-00886, 2017 WL 3317545(M.D. Pa. Aug. 3, 2017), a case involving the death of a pilot during a crash at take-off:

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