EL AL ISRAEL AIRLINES, LTD. v. TSUI YUAN TSENG

No. 97-475.

525 U.S. 155 (1999)

EL AL ISRAEL AIRLINES, LTD. v. TSUI YUAN TSENG

United States Supreme Court.

Decided January 12, 1999.


Attorney(s) appearing for the Case

Diane Westwood Wilson argued the cause for petitioner. With her on the briefs was Judith R. Nemsick.

Jonathan E. Nuechterlein argued the cause for the United States as amicus curiae urging reversal. With him on the briefs were Solicitor General Waxman, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Alisa B. Klein, David R. Andrews, David S. Newman, Nancy E. McFadden, Paul M. Geier, and Dale C. Andrews.

Robert H. Silk argued the cause and filed briefs for respondent.*

Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and CONNOR, Scalia, Kennedy, Souter, Thomas, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, p. 177.


Justice Ginsburg, delivered the opinion of the Court.

Plaintiff-respondent Tsui Yuan Tseng was subjected to an intrusive security search at John F. Kennedy International Airport in New York before she boarded an El Al Israel Airlines May 22, 1993 flight to Tel Aviv. Tseng seeks tort damages from El Al for this occurrence. The episode-insuit, both parties now submit, does not qualify as an "accident" within the meaning of the treaty popularly known as the Warsaw Convention...

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