United States Tenth Circuit
US Airways, Inc. v. O'Donnell, 09-2271
In an action in seeking to enjoin defendant New Mexico state officials from regulating, pursuant to the New Mexico Liquor Control Act (NMLCA), the alcoholic beverage service that airlines provided to passengers on flights, summary judgment for defendants is reversed where New Mexico’s regulatory scheme was impliedly preempted as it fell within the field of aviation safety that Congress intended federal law to occupy exclusively, but the Twenty-First Amendment required a balancing of New Mexico’s core powers and the federal interests underlying the Federal Aviation Act.
Appellate Information
- Decided 12/03/2010
- Published 12/03/2010
Judges
- Mary Beth Briscoe
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Seth P. Waxman, Joseph Goldberg