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Civil Procedure Keyed to Erichson
Husain v. Olympic Airways
Citation:316 F.3d 829 (9th Cir. 2002), aff'd, 540 U.S. 644 (2004)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Husain (Plaintiff) sued Olympic Airways (Defendant) after her husband died on a flight. His death occurred after he was exposed to ambient second-hand smoke while seated in the airplane’s smoking section, and the flight attendants ignored his wife’s requests to move him to a different seat. Then, he suffered a severe asthma attack and died. After a non-jury trial, the district court determined that the death was caused by an accident. The court also found that the accident resulted from willful misconduct by Olympic’s employees, and awarded damages to Husain. Olympic appealed the court’s findings of fact.
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