Aviation Liability and Regulatory Risk: Passenger Injury Defenses, Federal Preemption, Compliance & Enforcement
On-Demand · 2 CLE credits · November 11, 2026, 2:30 PM ET
Airline injury claims and regulatory problems are decided by federal law before a jury or agency weighs in. Argue implied and express preemption under the Airline Deregulation Act, test Montreal Convention limits on recovery, and spot DOT, FAA, and TSA compliance risks early.
The Standard of Care in an Airline Case May Not Be State Law at All
Passenger injury claims against an air carrier do not follow the ordinary negligence playbook. Federal preemption can replace the state common law standard of care. The Airline Deregulation Act supplies express preemption arguments. The Montreal Convention can control the claim outright. And the carrier answers to multiple federal regulators, including the Department of Transportation (DOT), Federal Aviation Administration (FAA), Federal Communications Commission (FCC), and Transportation Security Administration (TSA).
Plead a state-law standard of care where federal law governs, and the claim may be preempted. Seek emotional distress or punitive damages under the Montreal Convention, and recovery may be barred. File late, and the claim may be untimely. Miss a DOT licensing, fitness, or U.S. citizenship requirement, and regulatory exposure follows. Overlook an FAA certification or TSA security program obligation, and a compliance issue becomes an enforcement matter.
You walk out with practical strategies for presenting implied and express preemption arguments. You gain a working understanding of when the Montreal Convention applies. You get a clear map of the respective roles of DOT, FAA, FCC, and TSA. And you leave with proposed mitigation strategies and best practices for responding effectively when regulators become involved. This is practitioner judgment, not a doctrine summary.
Key topics
- Federal Preemption Standards: Determine when federal preemption replaces the state common law standard of care for an air carrier, and how that shift changes the way you frame liability.
- Implied Versus Express Preemption: Distinguish implied from express federal preemption and use the Airline Deregulation Act to build the strongest available defense arguments.
- Montreal Convention Limits: Identify when the Montreal Convention applies to air carriers and when it prohibits recovery of emotional distress, punitive damages, and untimely claims.
- Federal Regulatory Roles: Distinguish the respective roles of DOT, FAA, FCC, and TSA so you know which regulator controls the issue in front of your client.
- Licensing, Certification, Security: Work through DOT licensing, fitness, economic authority, and U.S. citizenship requirements alongside FAA certification and FCC and TSA obligations.
- Compliance Risk Mitigation: Spot common DOT, FAA, FCC, and TSA compliance risks and apply proposed mitigation strategies and best practices before they become enforcement matters.
Agenda
- Litigation Strategies in Airline Passenger Injury Litigation
- Aviation Regulatory Compliance and Enforcement Risk Management
Faculty
- Christopher J. Jahr, Wicker, Smith, O’Hara, McCoy & Ford, P.A
- Michael Deutsch, Cozen O’Connor
- Amanda Geary Losacco, Cozen O’Connor
State accreditation
- AK: Approved for CLE Credits, 2 General
- AL: Approved for Self-Study Credits, 2 General
- AR: Approved for CLE Credits, 2 General
- AZ: Approved for CLE Credits, 2 General
- CA: Approved for CLE Credits, 2 General
- CO: Pending CLE Approval, 2 General
- CT: Approved for CLE Credits, 2 General
- DC: No MCLE Required, 2 CLE Hour(s)
- DE: Pending CLE Approval, 2 General
- FL: Approved via Attorney Submission, 2 General Hours
- GA: Approved for CLE Credits, 2 General
- HI: Approved for CLE Credits, 2 General
- IA: Pending CLE Approval, 2 General
- ID: Pending CLE Approval, 2 General
- IL: Pending CLE Approval, 2 General
- IN: Pending CLE Approval, 2 General
- KS: Pending CLE Approval, 2 Substantive
- KY: Pending CLE Approval, 2 General
- LA: Pending CLE Approval, 2 General
- MA: No MCLE Required, 2 CLE Hour(s)
- MD: No MCLE Required, 2 CLE Hour(s)
- ME: Pending CLE Approval, 2 General
- MI: No MCLE Required, 2 CLE Hour(s)
- MN: Pending CLE Approval, 2 General
- MO: Approved for Self-Study Credits, 2.4 General
- MS: Pending CLE Approval, 2 General
- MT: Pending CLE Approval, 2 General
- NC: Pending CLE Approval, 2 General
- ND: Approved for CLE Credits, 2 General
- NE: Pending CLE Approval, 2 General
- NH: Approved for CLE Credits, 120 General minutes
- NJ: Approved for CLE Credits, 2 General
- NM: Approved for Self-Study Credits, 2 General
- NV: Pending CLE Approval, 2 General
- NY: Approved for CLE Credits, 2 General
- OH: Approved for Self-Study Credits, 2 General
- OK: Pending CLE Approval, 2.5 General
- OR: Pending CLE Approval, 2 General
- PA: Approved for Self-Study Credits, 2 General
- RI: Pending CLE Approval, 2.5 General
- SC: Pending CLE Approval, 2 General
- SD: No MCLE Required, 2 CLE Hour(s)
- TN: Approved for Self-Study Credits, 2 General
- TX: Approved for CLE Credits, 2 General
- UT: Pending CLE Approval, 2 General
- VA: Not Eligible, 2 General Hours
- VT: Approved for CLE Credits, 2 General
- WA: Approved via Attorney Submission, 2 Law & Legal Hours
- WI: Approved for Self-Study Credits, 2 General
- WV: Pending CLE Approval, 2.4 General
- WY: Pending CLE Approval, 2 General