Avoiding Flak: The Regional Challenges in Prosecuting Military Aviation Cases

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A careful look at the application of the political question doctrine and government contractor defense by courts across the country reveals meaningful regional differences that can have significant impact on the viability of a claim against a government contractor in a military aviation case. Not only does application of these important affirmative defenses differ between state and federal court, but also between federal circuits. 

This presentation highlights the need to know the battlefield in choosing the best available forum for suit because the decision on where to file can determine whether the claim succeeds or fails.

 

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