9th Circ. Rules Austrian Rail Not Immune From Injury Suit

Law360, Los Angeles (December 6, 2013, 6:11 PM EST) -- An en banc Ninth Circuit panel reversed a district court’s dismissal of a personal injury suit brought against Austria and its national railway, holding Friday that the Foreign Sovereign Immunities Act does not protect foreign operations that conduct business in the U.S.

The decision comes after the Ninth Circuit agreed in January to rehear the September 2012 decision that relied heavily on a 2009 decision in John Doe v. Holy See — which found that the sovereign state that controls the Roman Catholic Church could not...
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