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Warsaw Convention Sets Standards for Liability of International Air Carriers
Description Supreme Court held that tort suit by a passenger against international air carrier must meet the liability standards established by the Warsaw Convention, not the standards of New York law where the alleged tort occurred.
Topic International Law
Key Words Warsaw Convention, Torts
C A S E   S U M M A R Y
Facts Before Tseng boarded an El Al flight from New York to Tel Aviv, El Al subjected her to an intrusive security search. She sued El Al in state court in New York for assault and false imprisonment. Suit was moved to federal court, which dismissed the claim on the basis that she failed to establish an injury recognized under the Warsaw Convention. Case appealed.
Decision The Warsaw Convention precludes a passenger from maintaining an action for personal injury damages under local law when the claim does not satisfy the conditions for liability established by that treaty. Recourse to local law would undermine the uniform regulation of international air carrier liability under the Convention.
Citation El Al Israel Airlines, Ltd. V. Tseng, 119 S.Ct. 662 (1999)

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