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Posted: January 17th, 2023

Olympic Airways v. Husain case Case Brief Assignment

Olympic Airways v. Husain case Case Brief Assignment
In litigation, lawyers need to rely on case law to support the outcome they are asking the court take. Lawyers will often “brier a case to obtain a better understanding of the case. In other words, lawyers will use a specific format to outline the most important points in a court’s decision. This activity will also assist you in understanding the cases discussed in this class.
Instructions:
• Listen to the oral arguments in the Olympic Airways v. Husain case. Read about the case. • Read about how to brief a case. • Using the template provided, complete a “brief’ about the case, including the following: o Who are the parties to the case? o What is the citation of the case? o What are the basic facts of the case? o What did Dr. Hanson’s estate argue? o What did Olympic Air argue? o What did the court decide? o Did the court apply statutory law, case law or both in reaching its decision?
Requirements:
• Use APA format for non-legal sources such as the textbook. Use Bluebook citation format for any legal citations. o Include the resource to the case and oral arguments. o You do not need to use any sources other than your text and the audio recording of the oral arguments. • Submit a Word document using the case brief template. • Maximum two pages in length, excluding the Reference page.
Be sure to read the criteria below by which your work will be evaluated before you write and again after you write.

Case Brief: Olympic Airways v. Husain

Parties:
Dr. Husain (Plaintiff) and Olympic Airways (Defendant)

Citation:
Olympic Airways v. Husain, 503 U.S. 602 (1992)

Basic Facts:
Dr. Husain, a citizen of India, purchased a round-trip ticket from Olympic Airways for travel from India to the United States. Dr. Husain was injured during a layover in Greece and died as a result of the injuries. Dr. Husain’s estate filed a wrongful death action against Olympic Airways in a United States District Court. The District Court granted summary judgment in favor of Olympic Airways on the ground that the Warsaw Convention, which governs international air transportation, preempted the estate’s state law wrongful death claim. The Court of Appeals reversed, holding that the Convention did not preempt the estate’s state law wrongful death claim.

Dr. Hanson’s estate argued:
Dr. Hanson’s estate argued that the Warsaw Convention, which governs international air transportation, did not preempt the estate’s state law wrongful death claim. They argued that the convention only applied to claims arising out of injuries sustained on board an aircraft and did not apply to injuries sustained on the ground during a layover.

Olympic Air argued:
Olympic Air argued that the Warsaw Convention preempted the estate’s state law wrongful death claim. They argued that the convention applies to all claims arising out of international air transportation and that the estate’s claim was therefore preempted.

The Court Decided:
The Supreme Court held that the Warsaw Convention did not preempt the estate’s state law wrongful death claim. The court determined that the convention only applied to claims arising out of injuries sustained on board an aircraft and did not apply to injuries sustained on the ground during a layover.

Statutory Law/Case Law Applied:
The court applied statutory law, specifically the Warsaw Convention, in reaching its decision.

References:
Olympic Airways v. Husain, 503 U.S. 602 (1992)
Oral arguments (https://www.oyez.org/cases/1991/91-262)

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