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Florida Supreme Court Deepens Split of Authority on Meaning of Federal Limitation of Liability for Aircraft Owners and Lessors


In a recent dissenting opinion, Supreme Court Justice Antonin Scalia criticized Congress for writing "fuzzy, leave-the-details-to-be-sorted-out-by-the-courts legislation." Although Justice Scalia was referring to the federal Armed Career Criminal Act, he could easily have been talking about the "Limitation of Liability" provision in the federal aviation statute, 49 U.S.C. ยง 44112. This Alert discusses the provision.