Supreme Court of the United States

Olympic Airways v. Husain

February 24, 2004540 U.S. 644

Summary

The Supreme Court affirmed the Ninth Circuit, holding that the flight attendant's refusal to reseat a passenger with a pre‑existing medical condition constitutes an "accident" under Article 17 of the Warsaw Convention, making the carrier liable; Justice Scalia dissented, arguing that inaction should not qualify as an accident and that the Court ignored foreign authority.