CHAN v. KOREAN AIR LINES, LTD.

No. 87-1055.

490 U.S. 122 (1989)

CHAN ET AL. v. KOREAN AIR LINES, LTD.

Supreme Court of United States.

Decided April 18, 1989


Attorney(s) appearing for the Case

Milton G. Sincoff argued the cause for petitioners. With him on the brief were Steven R. Pounian and Donald W. Madole.

Richard J. Lazarus argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Fried, Assistant Attorney General Bolton, and Deputy Solicitor General Ayer.

George N. Tompkins, Jr., argued the cause and filed a brief for respondent.


JUSTICE SCALIA delivered the opinion of the Court.

This case presents the question whether international air carriers lose the benefit of the limitation on damages for passenger injury or death provided by the multilateral treaty known as the Warsaw Convention if they fail to provide notice of that limitation in the 10-point type size required by a private accord among carriers, the Montreal Agreement.

I

On September 1, 1983, over the Sea of Japan...

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