Posted by English Law student on 11/19/05

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I am taking part in an American moot. (I am British)

I am trying to argue that a claim should be pre-empted
under an Airline Deregulation Act (1978) because its aim
is uniform federal regulation.

A state is trying to impose a tort law claim on an airline
for personal injury, which I am arguing is pre-empted
because the accident only happened due to a an oversize
luggage locker opening. (oversize luggage lockers allow
airline to compete and enter the market)

Basically I want to argue that tort law claims vary in
different states, defeating the idea uniform laws should
be applied to aircraft.

So do state tort law claims vary. Does the measure of
damages vary from state to state? And also, does any one
know of any historical cases, indicating that tort law for
injuries is a state matter, not a federal matter

American help so appeciated. My library in England is
naff for this!!!!!

Do tort actions for personal injury vary between states?, 11/19/05, by English Law student.

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