Goldberg Segalla partner Jonathan S. Ziss authored an article published in the ABA Tort Trial & Insurance Practice Section’s (TIPS) Products Liability Committee newsletter.

The article, “No Field Preemption for Aviation Product Liability Claims – Sikkelee v. Precision Airmotive (2018) Continues to Hold Sway,” examines a landmark decision that changed how courts treat Federal Aviation Administration (FAA) type certifications in product liability litigation. Historically, courts often viewed FAA type certificates as evidence that manufacturers met safety standards, effectively shielding them from state-law claims.

In Sikkelee, however, the Third Circuit held that FAA type certification does not automatically preempt state product liability claims. Instead, the court found that federal aviation law does not occupy the entire field, allowing state-law claims involving alleged design or manufacturing defects to proceed in many cases.

Chair of Goldberg Segalla’s Aviation Litigation practice and co-chair of the firm’s Management and Professional Liability practice, Jonathan explains that subsequent decisions have generally followed Sikkelee, while reaching differing conclusions in specific contexts. He emphasizes that the ruling significantly expands potential liability exposure for aviation manufacturers by permitting more state-law claims to move forward, even when components are FAA-certified.

READ THE FULL ARTICLE HERE (Subscription Required): “No Field Preemption for Aviation Product Liability Claims – Sikkelee v. Precision Airmotive (2018) Continues to Hold Sway” ABA TIPS, April 21, 2026

MORE ABOUT GOLDBERG SEGALLA’S JONATHAN S. ZISS:

Jonathan is co-chair of the firm’s Management and Professional Liability practice, chair of its Aviation Litigation practice, and a member of its Commercial Litigation and Cybersecurity practices. He devotes much of his practice to the representation of professionals, including accountants, attorneys, bankers, design professionals, insurance agents/brokers, directors and officers, and fiduciaries, in administrative and civil proceedings. He counsels and defends not-for-profit entities such as homeowners’ associations, faith-based organizations, and others, in management liability litigation as well as non-litigated disputes. Jonathan counsels clients and litigates, arbitrates, and mediates commercial disputes in a wide range of industries, from healthcare to hospitality. In addition, as a member of the firm’s cyber incident response team, he manages compliance and loss mitigation campaigns in the aftermath of data breaches.