pdf

O’Melveny’s Simmons Quoted in Am Law Litigation Daily on Second Circuit Ruling on Jurisdiction of Federal Aviation Act

October 15, 2012

O’Melveny & Myers LLP Antitrust partner Ian Simmons was quoted in the October 12, 2012, Am Law Litigation Daily article “Federal Law Preempts State Law Claims Against Foreign Airlines, Second Circuit Rules.” The article reported on the recent Second Circuit court decision, which confirmed that airline regulation is a matter for the federal government and not the states. The plaintiff had argued the Federal Aviation Act permits claims to be brought under state laws against foreign carriers.

Simmons, who represented Asiana Airlines Inc. and argued on behalf of all defendant airlines, noted the Second Circuit ruling will extinguish all claims by indirect purchasers.

“Sometimes context dictates that the ordinary meaning of a term should take precedence over the statutory definition. It's clear that Congress wanted the scope of preemption to be commensurate with the scope of airline deregulation,” Simmons told Am Law Litigation Daily.