Legal Opinion

Carol Sachs v. Republic of Austria

Court of Appeals for the Ninth Circuit

Decided September 26, 2012No. 11-15458PublishedCited by 5 opinions

1Opinion of the Court

Opinion by Judge TALLMAN; Concurrence by Judge BEA; Dissent by Judge GOULD.

OPINION

TALLMAN, Circuit Judge,

announcing the judgment of the Court:

In this case we consider what acts may be attributed to a foreign state in applying the commercial activity exception to immunity under the Foreign Sovereign Immunities Act.

Carol Sachs sued Austrian-owned OBB Personenverkehr after sustaining personal injuries as a result of her attempt to board a moving train in Innsbruck. The district court ruled that the commercial activity exception to the Foreign Sovereign Immunities Act did not apply and dismissed…

2Cases cited14 opinions

  1. Verlinden B. v. v. Central Bank of NigeriaSupreme Court of the United States · 1983
  2. Argentine Republic v. Amerada Hess Shipping Corp.Supreme Court of the United States · 1989
  3. First National City Bank v. Banco Para El Comercio Exterior De CubaSupreme Court of the United States · 1983
  4. Doe v. SeeCourt of Appeals for the Ninth Circuit · 2009
  5. Arriba Limited v. Petroleos Mexicanos, A/K/A PemexCourt of Appeals for the Fifth Circuit · 1992

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. OBB Personenverkehr AG v. SachsSupreme Court of the United States · 2015
  2. Carol Sachs v. Republic of AustriaCourt of Appeals for the Ninth Circuit · 2013
  3. Carol Sachs v. Republic of AustriaCourt of Appeals for the Ninth Circuit · 2013
  4. Carol Sachs v. Republic of AustriaCourt of Appeals for the Ninth Circuit · 2013
  5. Jason Archie Flickinger v. Jaqueline Reyes Castillo, et al.District Court, N.D. California · 2026

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