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El Al Israel Airlines, Ltd. v. Tseng

United States Supreme Court
525 U.S. 155 (1999)

Written by Whitney Kamerzel , JD

Facts

Tsui Yuan Tseng (plaintiff) sued El Al Israel Airlines (defendant) under state law for emotional distress caused by an intrusive airport search. Tseng did not bring the claim under the Warsaw Convention, which regulates air-carrier liability, because the United States Supreme Court had previously held that emotional-distress damages were barred under the Warsaw Convention without physical injuries. The United States Court of Appeals for the Second Circuit held that the claims were permissible because the Warsaw Convention did not preempt the state-law tort claims. The United States Supreme Court granted certiorari.

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Holding and Reasoning (Ginsberg, J.)

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Dissent (Stevens, J.)

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