The Ninth Circuit’s “nuanced” approach to FAA preemption leads to greater uncertainty and invites artful pleading *

USA - March 18 2013
Announcing a "nuanced" approach to Federal Aviation Act of 1958 preemption, the Ninth Circuit has further narrowed the scope of federal preemption in…

Co-authors: Marina Slavin, Ashley M. Washington .

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New York court holds that federal standards of care preempt state-law standards governing hiring, training, and retention of pilots *

USA - October 1 2012
A New York state trial court recently added another voice to the chorus of cases finding that federal law preempts state-law standards of care in the field of aviation safety.

Co-authors: Kimberly Gosling, Chris Dalton.

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Federal Appeals Court says estimates in government bids can be actionable as false claims *

USA - August 7 2012
The Ninth Circuit issued an opinion last week in which it held that knowingly making “false estimates” in connection with a bid for a government contract may be actionable under the False Claims Act (“FCA”), 31 U.S.C. §§3729 et seq. United States ex rel. Hooper v. Lockheed Martin Corp., No. 11-55278 (9th Cir. Aug. 2, 2012).

Co-authors: Bradley D. Wine, Tina D. Reynolds, Richard J. Vacura.

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Glorvigen v. Cirrus Design Corp.: duty to warn does not require duty to train users *

USA - July 30 2012
In a recent ruling, the Minnesota Supreme Court held that, under Minnesota negligence law, manufacturers and suppliers have a duty to warn foreseeable users of dangers inherent in the product, and that this duty includes a duty to give adequate instructions on the safe use of the product.

Co-authors: Kimberly Gosling, Jessica Moore.

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California Court of Appeals finds advisory circulars fail to create supremacy clause preemption *

USA - March 22 2012
On March 20, 2012, the California Court of Appeal Second District held that nonmandatory safety standards issued by the FAA in Advisory Circulars do not preempt state tort law on the standard of care.

Co-authors: Jessica Moore, Alan Owens.

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