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United States Supreme Court

OBB Personenverkehr AG v. Sachs, 13-1067

In a personal injury suit brought by a California resident who purchased a Eurail pass over the Internet from a Massachusetts-based travel agent and sustained injuries while using that pass to board a train in Austria operated by petitioner, the Austrian state-owned railway, the Ninth Circuit's holding, that the Eurail pass sale by the travel agent could be attributed to the railway through common law principles of agency, is reversed where the suit falls outside the commercial activity exception of 28 U.S.C. section 1605(a)(2), and is therefore barred by sovereign immunity.

Appellate Information

  • Decided
  • Published 2015/12/01




  • United States Supreme Court


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