The Supreme Court granted certiorari on May 20 in Ginsberg v. Northwest Inc., an aviation pre-emption case. Deep splits in the U.S. circuit courts of appeals date back decades regarding aviation pre-emption issues, and federal pre-emption issues frequently arise in aviation cases at the trial court level. Ginsberg will be a critical case for aviation lawyers to watch.
The pre-emption doctrine is grounded in the Supremacy Clause in Article VI of the U.S. Constitution. Broadly stated, pre-emption exists when federal law displaces state law on a particular issue. Pre-emption may be either expressly stated in the text of a statute or regulation, or it may be implied from the purpose and structure of a statute.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
