Supreme Court Lays Down Principles Governing Joint Trials in Criminal Cases under CrPC and BNSS  ||  Karnataka HC: Person Joining Festivals of Another Religion Does Not Violate Rights  ||  Himachal Pradesh High Court: Recovery of Money without Proof of Demand Is Not Bribery  ||  Kerala HC: Cognizance Of Rape u/s 376B IPC Needs Complaint by Separated Wife, Not on Police Report  ||  J&K&L HC: Dealership & Lease Agreements Are Separate Contracts and Disputes Must Be Filed Separately  ||  Calcutta High Court: Unemployment Does Not Excuse Able-Bodied Husband from Maintaining His Wife  ||  Ker. HC: Violating the Procedure for Sampling Contraband u/s 53A of Abkari Act Vitiates Prosecution  ||  Delhi High Court: Students with Less Than 75% Attendance Cannot Contest DU Student Union Elections  ||  Delhi High Court: UGC Cannot Debar a University from PhD Admissions under UGC Act  ||  Delhi High Court: MCD's Higher Property Tax on Luxury Hotels Not Arbitrary    

OBB Personenverkehr AG v. Sachs - (01 Dec 2015)

US Supreme Court dismisses claim against Austrian train operator

Civil

The US Supreme Court dismissed a suit against an Austrian train operator brought by an American woman who suffered severe injuries after falling onto railway tracks in Austria while attempting to board a train. Carol Sachs claimed that OBB had sold her the Eurail pass in the United States, sufficing for the exception of ‘commercial activity’ under Section 1605 Title 28 United States Code, which otherwise provided jurisdictional immunity to foreign states. The Court rejected her claims on the basis that the action was “based upon” OBB’s conduct in Austria and could not be adjudicated in the United States. It relied on an earlier decision in Saudi Arabia et al v. Nelson wherein the Court had determined that “particular conduct on which the action is based…[elements] if proven would entitle plaintiff to relief”. In the instant case, the Ninth Circuit court had erred in applying the test to a single element, whereas Saudi Arabia v Nelson required identifying all elements of the action.

Tags : UNITED STATES   SOVEREIGN IMMUNITY   AUSTRIA   INJURY  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved