Zicherman v. Korean Air Lines Co., 516 U.S. 217, 8 (1996)

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224

ZICHERMAN v. KOREAN AIR LINES CO.

Opinion of the Court

legal usage) "legally cognizable harm," but that Article 17 leaves it to adjudicating courts to specify what harm is cognizable. That is not an unusual disposition. Even within our domestic law, many statutes that provide generally for "damages," or for reimbursement of "injury," leave it to the courts to decide what sorts of harms are compensable. See, e. g., Miles v. Apex Marine Corp., 498 U. S. 19, 32 (1990) (Jones Act, 46 U. S. C. App. § 688 (1988 ed.), which provides "action for damages" to "[a]ny seaman who shall suffer personal injury," permits compensation only for pecuniary loss); Michigan Central R. Co. v. Vreeland, 227 U. S. 59, 71 (1913) (Employers' Liability Act of Apr. 22, 1908, which makes employer "liable in damages . . . for . . . injury or death," permits compensation only for pecuniary loss); Broan Mfg. v. Associated Distributors, Inc., 923 F. 2d 1232, 1235-1236 (CA6 1991) (Lanham Trade-Mark Act, 15 U. S. C. § 1117(a), which provides for recovery of "any damages sustained," permits compensation for future lost profits); Phelps v. White, 645 So. 2d 698, 703 (La. Ct. App. 3d Cir. 1994) (specifying elements of compensation allowable under La. Civ. Code Ann. § 2315.2 (West Supp. 1995), providing for recovery of "damages . . . sustained as a result" of wrongful death); Department of Ed. v. Blevins, 707 S. W. 2d 782, 783 (Ky. 1986) (Kentucky Rev. Stat. Ann. § 411.130 (Michie 1992), which provides that "damages may be recovered" for wrongful death, does not permit compensation for emotional distress).

That this is the proper interpretation is confirmed by another provision of the Convention. Article 17 is expressly limited by Article 24, which as translated provides:

"(1) In the cases covered by articles 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in this convention. "(2) In the cases covered by article 17 the provisions of the preceding paragraph shall also apply, without prejudice to the questions as to who are the persons who have

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