9th Circ. Clarifies 'Commercial Activity' Under FSIA

Law360, New York (January 6, 2014, 12:01 PM EST) -- On Dec. 6, 2013, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued its decision in Sachs v. Republic of Austria,[1] a case presenting important questions concerning the types of commercial activities that can strip foreign states and state-owned entities of sovereign immunity and subject them to the jurisdiction of U.S. courts.

The Ninth Circuit’s decision in Sachs constitutes an important decision in the continued delineation of the “commercial activity” exception to sovereign immunity set forth in the U.S. Foreign Sovereign Immunities...
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