At the Supreme Court’s first oral argument of its new term, “the court’s most liberal justices joined in criticizing the idea the Austrian national railway could be liable simply for allowing its tickets to be sold in the U.S. Carol Sachs v. OBB Personenverkehr revolves around whether the Foreign Sovereign Immunities Act protects the state-owned rail company from being sued in U.S. courts over injuries that occur overseas. Judging from the arguments, it can. Justices Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor all expressed doubt that OBB could be liable simply because Sachs bought a Eurailpass through a Massachusetts online ticket agency.” The Ninth Circuit had allowed the case of Sachs v. OBB Personenverkehr to go forward over “strenuous dissents from several of its judges.” [Daniel Fisher, Forbes]
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