Olympic Airways v. Husain

Outcome: Plaintiff win affirmed by the U.S. Supreme Court

Description: Olympic Airways v. Husain, 124 S. Ct. 1221, 157 L.Ed.2d 1146(2004), rehearing den. 2004 U.S. LEXIS 3048, 72 U.S.L.W. 3658. Landmark decision holding that the death of passenger from second-hand cigarette smoke constituted an "accident" under the Warsaw Convention and was thus compensable; crew's failure to move passenger from vicinity of smoking section constituted "willful misconduct" under the Warsaw Convention, thus entitling plaintiffs to compensation above the $75,000 cap on damages.