Legal Opinion

Tsui Yuan Tseng, Plaintiff-Appellant-Cross-Appellee v. El Al Israel Airlines, Ltd., Defendant-Appellee-Cross-Appellant

Court of Appeals for the Second Circuit

Decided September 16, 1997No. 331, 857, Dockets 96-7447, 96-7619PublishedCited by 23 opinions

1Opinion of the Court

CARDAMONE, Circuit Judge:

We have two issues to resolve on this appeal. One relates to the meaning of the term “accident” under Article 17 of the Warsaw Convention. The second, and by far more elusive, is whether a plaintiff denied a remedy for alleged injuries under the Convention because it does not apply may then" pursue a claim for the same injuries in state court. The Supreme Court has not answered this question, and our search for the correct answer is somewhat reminiscent of Sir Galahad’s search for the “Holy Grail.” But unlike that Crusader who, pressing on, left the plain and climbed…

2Cases cited20 opinions

  1. Anderson v. CreightonSupreme Court of the United States · 1987
  2. Air France v. SaksSupreme Court of the United States · 1985
  3. Eastern Airlines, Inc. v. FloydSupreme Court of the United States · 1991
  4. Zicherman Ex Rel. Estate of Kole v. Korean Air Lines Co.Supreme Court of the United States · 1996
  5. Choctaw Nation v. United StatesSupreme Court of the United States · 1943

15 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. El Al Israel Airlines, Ltd. v. Tsui Yuan TsengSupreme Court of the United States · 1999
  2. Kruger v. Virgin Atlantic Airways, Ltd.District Court, E.D. New York · 2013
  3. Curtin, James A. v. United Airln IncCourt of Appeals for the D.C. Circuit · 2001
  4. Penina Fishman, an Infant by Her Mother and Natural Guardian, Michelle Fishman Michelle Fishman, Individually v. Delta Air Lines, Inc.Court of Appeals for the Second Circuit · 1998
  5. Krys v. Lufthansa German AirlinesCourt of Appeals for the Eleventh Circuit · 1997

18 more not listed; retrieve them via the Exa API.

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