OLYMPIC AIRWAYS v. HUSAIN

No. 02-1348.

540 U.S. 644 (2004)

OLYMPIC AIRWAYS v. HUSAIN, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HANSON, DECEASED, ET AL.

Supreme Court of United States.

Decided February 24, 2004.


Attorney(s) appearing for the Case

Andrew J. Harakas argued the cause for petitioner. With him on the briefs was Diane Westwood Wilson.

H. Bartow Farr III argued the cause for respondents. With him on the brief were Richard G. Taranto, Gerald C. Sterns, and Susie Injijian.

Barbara McDowell argued the cause for the United States as amicus curiae urging affirmance. With her on the brief were Solicitor General Olson, Assistant Attorney General Keisler, Deputy Solicitor General Kneedler, Lowell V. Sturgill, Jr., William H. Taft IV, and Kirk K. Van Tine.*

THOMAS, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, KENNEDY, SOUTER, and GINSBURG, JJ., joined. SCALIA, J., filed a dissenting opinion, in which O'CONNOR, J., joined as to Parts I and II, p. 658. BREYER, J., took no part in the consideration or decision of the case.


JUSTICE THOMAS delivered the opinion of the Court.

Article 17 of the Warsaw Convention (Convention)1 imposes liability on an air carrier for a passenger's death or bodily injury caused by an "accident" that occurred in connection with an international flight. In Air France v. Saks, 470 U.S. 392 (1985), the Court explained that the term "accident" in the Convention refers to an "unexpected or...

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