Editor's Note :

Editor's Note :

We expect additional orders from the December 2 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday.
On Monday the court hears oral arguments in Bethune-Hill v. Virginia State Board of Elections and McCrory v. Harris. Amy Howe has our preview.

OBB Personenverkehr AG v. Sachs

Docket No. Op. Below Argument Opinion Vote Author Term
13-1067 9th Cir. Oct 5, 2015
Tr.Aud.
Dec 1, 2015 9-0 Roberts OT 2015

Holding: A California woman’s lawsuit against the Austrian national railroad for injuries that she suffered while attempting to board a train in Austria does not fall within the “commercial activity” exception to the Foreign Sovereign Immunities Act, and is therefore barred by the doctrine of sovereign immunity. Although the plaintiff purchased a Eurail pass in the United States, her lawsuit is not “based upon a commercial activity carried on in the United States by a foreign state” because the conduct constituting the gravamen of her suit occurred in Austria.

Judgment: Reversed, 9-0, in an opinion by Chief Justice Roberts on December 1, 2015.

SCOTUSblog Coverage

DateProceedings and Orders
Mar 5 2014Petition for a writ of certiorari filed. (Response due April 7, 2014)
Apr 2 2014Brief of respondent Carol P. Sachs in opposition filed.
Apr 7 2014Brief amicus curiae of The Government of the Kingdom of the Netherlands filed.
Apr 7 2014Brief amicus curiae of International Rail Transport Committee (CIT) filed.
Apr 15 2014Reply of petitioner OBB Personenverkehr AG filed.
Apr 16 2014DISTRIBUTED for Conference of May 2, 2014.
Apr 29 2014DISTRIBUTED for Conference of May 15, 2014.
May 19 2014The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 15 2014Brief amicus curiae of United States filed.
Dec 26 2014Supplemental brief of petitioner OBB Personenverkehr AG filed. (Distributed)
Dec 30 2014DISTRIBUTED for Conference of January 16, 2015.
Jan 20 2015DISTRIBUTED for Conference of January 23, 2015.
Jan 23 2015Petition GRANTED.
Feb 23 2015The time to file the joint appendix and petitioner's brief on the merits is extended to and including April 17, 2015.
Feb 23 2015The time to file respondent's brief on the merits is extended to and including June 29, 2015.
Apr 17 2015Joint appendix filed. (Statement of costs filed)
Apr 17 2015Brief of petitioner OBB Personenverkehr AG filed.
Apr 23 2015Brief amicus curiae of International Rail Transport Committee (CIT) filed.
Apr 24 2015Brief amicus curiae of United States filed.
Apr 24 2015Brief amici curiae of The Governments of the Kingdom of the Netherlands and the Swiss Confederation filed.
Jun 26 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jun 29 2015Brief of respondent Carol P. Sachs filed.
Jul 6 2015Brief amicus curiae of NML Capital, Ltd. filed.
Jul 28 2015Reply of petitioner OBB Personenverkehr AG filed. (Distributed)
Jul 29 2015SET FOR ARGUMENT on Monday, October 5, 2015.
Jul 31 2015CIRCULATED.
Aug 12 2015Record requested from U.S.C.A. 9th Circuit.
Aug 12 2015The Record from U.S.C.A. is electronic and located on PACER.
Aug 28 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 5 2015Argued. For petitioner: Juan C. Basombrio, Costa Mesa, Cal.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Jeffrey L. Fisher, Stanford, Cal.
Dec 1 2015Judgment REVERSED. Roberts, C. J., delivered the opinion for a unanimous Court.
Jan 5 2016JUDGMENT ISSUED
 
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