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Petition of the day

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Thepetition of the dayis:

13-1067

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 inFirst 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.

Cases: OBB Personenverkehr AG v. Sachs

Recommended Citation: Maureen Johnston, Petition of the day, SCOTUSblog (May. 15, 2014, 12:00 AM), https://www.scotusblog.com/2014/05/petition-of-the-day-609/