Foreign Sovereign Immunities Act Bars Austrian Railway Personal Injury Suit: Supreme Court | Practical Law
In OBB Personenverkehr AG v. Sachs, the US Supreme Court held that because the plaintiff's personal injury suit was not "based upon" the sale of a Eurail pass, but on the defendant's conduct where the injury occurred, the suit did not fall within the commercial activity exception to the Foreign Sovereign Immunities Act and the defendant was immune from suit in the US.