P&H HC Grants Interim Bail to Accused to Marry the Victim  ||  Madras HC: Theatre Owners Cannot Fleece Movie Goers by Collecting Excess Amount  ||  Bombay HC: Practice of Placing Matters High on Board Creates a Class Within Litigants  ||  Delhi HC Directs Government to Consider Premature Release of Life Convict  ||  SC: Woman ADJ Objects to Remarks in ACR after Petition for Child Care Leave  ||  SC Refuses Petition by a Pakistani-Christian National Seeking Indian Citizenship  ||  Bombay HC: Order Allowing Maratha Community to Avail 10% Reservation to Continue this Year  ||  NCLAT Dismisses Appeal by Byju’s Against Aakash Educational Services Limited  ||  Kerala HC Defers Implementation of Order Mandating Hindi as 3rd Language in Schools in Lakshadweep  ||  Ker. HC: Father's Presence Plays Vital Role in Child's Education Journey by Offering Emotional Suppor    

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