Carol Sachs v. Republic of Austria
Court of Appeals for the Ninth Circuit
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
- Verlinden B. v. v. Central Bank of NigeriaSupreme Court of the United States · 1983
- Argentine Republic v. Amerada Hess Shipping Corp.Supreme Court of the United States · 1989
- First National City Bank v. Banco Para El Comercio Exterior De CubaSupreme Court of the United States · 1983
- Doe v. SeeCourt of Appeals for the Ninth Circuit · 2009
- Arriba Limited v. Petroleos Mexicanos, A/K/A PemexCourt of Appeals for the Fifth Circuit · 1992
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3Cited by5 opinions
- OBB Personenverkehr AG v. SachsSupreme Court of the United States · 2015
- Carol Sachs v. Republic of AustriaCourt of Appeals for the Ninth Circuit · 2013
- Carol Sachs v. Republic of AustriaCourt of Appeals for the Ninth Circuit · 2013
- Carol Sachs v. Republic of AustriaCourt of Appeals for the Ninth Circuit · 2013
- Jason Archie Flickinger v. Jaqueline Reyes Castillo, et al.District Court, N.D. California · 2026