Docket No.: 02-1348 Topics:
Argued: November 12, 2003
Decided: February 24, 2004
Treaty, Economic Activity, Nongovernmental Liability, Eighth Amendment, Eleventh Amendment, Fourteenth Amendment, Medicaid, Medicare, Supremacy Clause, immunity from suit, sovereign immunity
PartyNames: Olympic Airways v. Rubina Husain, Individually, and as Personal Representative of the Estate of Abid M. Hanson, Deceased, et al.
Petitioner: Olympic Airways
Respondent: Rubina Husain, Individually, and as Personal Representative of the Estate of Abid M. Hanson, Deceased, et al.
Court Below: United States Court of Appeals for the Ninth Circuit
Citation: CA 9, 316 F.3d 829. QUESTION PRESENTED Whether the "accident" condition precedent to air carrier liability for apassenger's death under Article 17 of the Warsaw Convention is satisfied when a passenger's pre-existing medical condition is aggravated by exposureto a normal condition in the aircraft cabin, even if the carrier's negligence were a link in the chain of causation? The Ninth Circuit's answer to this question in the affirmative directly conflicts with the Third and Eleventh Circuit decisions in Abramson v. Japan Airlines, Co., Ltd., 739 F.2d 130 (3dCir. 1984), cert. denied, 470 U.S. 1059 (1985) and Krys v. Lufthansa
Supreme Court Docket