High Court Takes Up FSIA Case Over Austrian Train Injury

Law360, Washington (January 23, 2015, 6:18 PM EST) -- The U.S. Supreme Court agreed Friday to hear an appeal from Austria's national railway seeking protection from an American woman's personal injury suit under the Foreign Sovereign Immunities Act, a move that ignored advice from the U.S. solicitor general to deny certiorari.

In granting OBB-Personenverkehr AG's bid to review the case, the high court will weigh whether Carol Sachs' claims can be brought against a foreign state under the commercial activity exception to the FSIA's protections. 

Sachs, whose legs needed to be amputated after suffering catastrophic...
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