The Tenth Circuit on Friday issued one published opinion and five unpublished opinions.
Published
In US Airways, Inc. v. O’Donnell, the Court reversed and remanded the district court’s decision. Petitioner filed suit against New Mexico to prevent them from regulating alcohol sales to passengers aboard their flights, pursuant to the New Mexico Liquor Control Act. The Court found that “New Mexico’s regulatory scheme is impliedly preempted as it falls within the field of aviation safety that Congress intended federal law to occupy exclusively, but that the Twenty-first Amendment of the United States Constitution requires a balancing of New Mexico’s core powers and the federal interests underlying the FAA.” The key inquiry on remand concerning the balancing of state and federal interests should be “whether the interests implicated by a state regulation are so closely related to the powers reserved by the Twenty-first Amendment that the regulation may prevail, notwithstanding that its requirements directly conflict with express federal policies.”
Unpublished
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