In the 1990 case Eastern Airlines, Inc. v. Floyd et al., the U.S. Supreme Court ruled that passengers cannot recover damages for mental distress under Article 17 of the Warsaw Convention without accompanying physical injury or death in international air accidents. The case arose from an incident where a plane lost power in all engines and began to descend rapidly, causing panic among passengers who believed they were about to die; however, pilots managed to restart engines and land safely with no physical injuries sustained by any passenger onboard. Despite this, several passengers sued Eastern Airlines for emotional distress caused by fear of impending death during descent. The court held that "bodily injury" as stated in Article 17 does not include purely psychological trauma thus barring recovery for mental injuries unless accompanied by a physical injury.

In the dissenting opinion for Eastern Airlines, Inc. v. Floyd et al., Justice Marshall argued that the majority's interpretation of Article 17 of the Warsaw Convention was incorrect and overly narrow. He contended that mental injuries should be considered as "bodily injury" under this provision, especially when they are severe and accompanied by physical manifestations such as heart palpitations or loss of consciousness. The justice also criticized the majority for relying on outdated medical understandings from 1929 (the year when Warsaw Convention was drafted) to interpret a modern legal issue, arguing that it is more appropriate to apply current scientific knowledge about psychological trauma in interpreting international treaties like this one.