Editor's Note :

Editor's Note :

At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging at this link shortly before 10:00 a.m.

OBB Personenverkehr AG v. Sachs

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
13-1067 9th Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether, for purposes of determining when an entity is an “agent” of a “foreign state” under the first clause of the commercial activity exception of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(2), the express definition of “agency” in the FSIA, the factors set forth in First National City Bank v. Banco Para el Comercio Exterior de Cuba, or common law principles of agency, control; and (2) whether, under the first clause of the commercial activity exception of the FSIA, 28 U.S.C. § 1605(a)(2), a tort claim for personal injuries suffered in connection with travel outside of the United States is “based upon” the allegedly tortious conduct occurring outside of the United States or the preceding sale of the ticket in the United States for the travel entirely outside the United States.

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.
 
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