Case Status
4 results
OLYMPIC AIRWAYS v. HUSAIN, RUBINA, ETC., ET AL. (38926)
Order dated: 00/00/00Docket number: 02-1348
Action:
The petition for a writ of certiorari is granted. Justice Breyer took no part in the consideration or decision of this petition.
OLYMPIC AIRWAYS v. HUSAIN, RUBINA, ETC., ET AL. (38926)
Order dated: 10/06/03Docket number: 02-1348
Action:
The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. Justice Breyer took no part in the consideration or decision of this motion.
OLYMPIC AIRWAYS v. HUSAIN, RUBINA, ETC., ET AL. (38926)
Order dated: 10/20/03Docket number: 02-1348
Action:
The motion of Air Transport Association of America, Inc. for leave to file a reply to brief amicus curiae of the United States is denied. Justice Breyer took no part in the consideration or decision of this motion.
OLYMPIC AIRWAYS v. HUSAIN, RUBINA, ETC., ET AL. (38926)
Order dated: 04/19/04Docket number: 02-1348
Action:
The petition for rehearing is denied. Justice Breyer took no part in the consideration or decision of this petition.
A description of the questions presented by the case has been prepared:
Whether the accident condition precedent to air carrier liability for a passenger's death under Article 17 of the Warsaw Convention is satisfied when a passenger's pre-existing medical condition is aggravated by exposure to 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 (3d Cir. 1984), cert. Denied, 470 U.S. 1059 (1985) and Krys v. Lufthansa German Airlines, 119 F.3d 1515 (11th Cir. 1997), cert. denied, 522 U.S. 1111 (1998), and is contrary to the Court's decision in Air France. Saks, 470 U.S. 392 (1985).
An opinion has been handed down: