Second Circuit – Federal Aviation Act: Jones, et al. v. Goodrich Pump & Engine Control Systems, Inc., et al.

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United States Court of Appeals for the Second Circuit

Federal Aviation Act

Field preemption – Military craft

Jones, et al. v. Goodrich Pump & Engine Control Systems, Inc., et al.

20-2951

Judges Livingston, Kearse, and Lee

Background: The plaintiffs appealed from the grant of summary judgment against them on the grounds that their state law tort claims are barred by implied field preemption flowing from the Federal Aviation Act. They argue that the Act’s preempted field does not include military aircrafts like the one to which their suit pertains.

Ruling: The Second Circuit vacated and remanded. The court held that applying ordinary principles of statutory interpretation noting that field preemption is always a matter of congressional intent. Congress’s removal of military aircrafts from the FAA’s reach indicates that it did not wish to include them in the preempted field. Rather, Congress intended for the Department of Defense to have autonomy over their own aircrafts.

Tejinder Singh, of Goldstein & Russel, for the plaintiff-appellants; John W. Cerreta, of Day Pitney, and J. Denny Shupe, of Schnader Harrison Segal & Lewis, for the defendants-appellees.

Oral argument audio