Favorable Ruling of Aviation Law Obtained

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.