Third Circuit To Address Effect Of Type Certification On Product Liability Claims And FAA Preemption’s Applicability To General Aviation Product Liability Claims

After nearly seven years, and a tortured history in the Middle District of Pennsylvania, two issues in Sikkelee v. Precision Airmotive Corp. are before the Third Circuit Court of Appeals: 1) Is an FAA grant of a type certificate conclusive evidence that the design of the certificated part met the standard of care?; and 2) Does federal preemption as outlined in Abdullah v. American Airlines, Inc., 181 F.3d 363 (3d Cir. 1999), apply in a general aviation products liability context? In the decision from which this appeal arises, the district court, somewhat surprisingly, held that the issuance of a type certificate for an engine was sufficient proof of compliance with federal design regulations and, despite acknowledgement that Abdullah's applicability in this context leaves gaps in the regulatory scheme, did not disturb its earlier decision to apply Abdullah in the general aviation context.

On appeal, plaintiff-appellant is arguing that the district court's holding regarding the type certificate amounts to blanket immunity for the certificate holder and that Abdullah's preemption holding, which is that the federal government has preempted the field of aviation safety, should be...