United States Ninth Circuit

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Sachs v. Republic of Austria, 11-15458

Dismissal of plaintiff's personal injury action arising from a fall when she attempted to board a train in Austria, is reversed and remanded, where: 1) a foreign-state owned common carrier engages in commercial activity in the United States, and thus is not immune from suit under the Foreign Sovereign Immunities Act (FSIA), when it sells tickets in the United States through a travel agent, regardless of whether the travel agent is a direct agent or subagent of the common carrier; and 2) under the FSIA, federal courts of the United States will have subject-matter jurisdiction over actions against a foreign sovereign common carrier that engages in commercial activity of this kind as long as the plaintiff's claims are based upon that activity, as they were here.

Appellate Information

  • Decided 12/06/2013
  • Published 12/06/2013

Judges

  • GOULD

Court

  • United States Ninth Circuit

Counsel