In the case of El Al Israel Airlines, Ltd. v. Tsui Yuan Tseng (1998), the U.S Supreme Court ruled in favor of El Al Israel Airlines, stating that an airline cannot be sued for damages under local law if it is not liable under the Warsaw Convention - an international treaty that governs liability for international air travel. The lawsuit was brought by Tsui Yuan Tseng who claimed she had been subjected to a humiliating security search by El Al employees at John F Kennedy International Airport in New York City. However, since her claim did not involve death or bodily injury as defined by Article 17 of the Warsaw Convention, and because she could not prove willful misconduct on part of the airline staff which would have allowed her to bypass this requirement, her suit was dismissed.

In the dissenting opinion for EL AL Israel Airlines, Ltd. v. Tsui Yuan Tseng, Justice Stevens argued that the majority's interpretation of Article 17 of the Warsaw Convention was too narrow and restrictive. He believed that this article should not preclude an injured passenger from seeking damages under local law if their injury does not fit within the specific categories outlined in Article 17 (death or bodily injury occurring on board or during embarking/disembarking). Instead, he suggested a more flexible approach where passengers could seek remedies outside of those specified by the Convention when it is silent or ambiguous about certain types of injuries. This would allow courts to consider other relevant factors such as airline negligence and passenger expectations in determining liability and compensation.