OBB Personenverkehr AG v. Sachs

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-1067	9th Cir.	Oct 5, 2015	Jan 12, 2015	9-0	Roberts	OT 2015

Holding: A California woman"s lawsuit against the Austrian national railroad for injuries that she suffered while attempting to board a train in Austria does not fall within the "commercial activity" exception to the Foreign Sovereign Immunities Act, and is therefore barred by the doctrine of sovereign immunity. Although the plaintiff purchased a Eurail pass in the United States, her lawsuit is not "based upon a commercial activity carried on in the United States by a foreign state" because the conduct constituting the gravamen of her suit occurred in Austria.

Judgment: Reversed, 9-0, in an opinion by Chief Justice Roberts on January 12, 2015.

SCOTUSblog Coverage

First decision of the Term is a unanimous one in Foreign Sovereign Immunities Act case (Amy Howe, December 1, 2015)
Argument analysis: Justices leaning in favor of foreign railroad in immunity dispute (Amy Howe, October 5, 2015)
Argument preview: Justices to take on sovereign immunity in the Internet age (Amy Howe, October 1, 2015)
Court to rule on lethal-injection protocol (Lyle Denniston, January 23, 2015)
Petition of the day (Maureen Johnston, May 15, 2014)

Date	Proceedings and Orders (key to color coding)
03/05/2014	Petition for a writ of certiorari filed. (Response due April 7, 2014)
04/02/2014	Brief of respondent Carol P. Sachs in opposition filed.
04/07/2014	Brief amicus curiae of The Government of the Kingdom of the Netherlands filed.
04/07/2014	Brief amicus curiae of International Rail Transport Committee (CIT) filed.
04/15/2014	Reply of petitioner OBB Personenverkehr AG filed.
04/16/2014	DISTRIBUTED for Conference of May 2, 2014.
04/29/2014	DISTRIBUTED for Conference of May 15, 2014.
05/19/2014	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
12/15/2014	Brief amicus curiae of United States filed.
12/26/2014	Supplemental brief of petitioner OBB Personenverkehr AG filed. (Distributed)
12/30/2014	DISTRIBUTED for Conference of January 16, 2015.
01/20/2015	DISTRIBUTED for Conference of January 23, 2015.
01/23/2015	Petition GRANTED.
02/23/2015	The time to file the joint appendix and petitioner's brief on the merits is extended to and including April 17, 2015.
02/23/2015	The time to file respondent's brief on the merits is extended to and including June 29, 2015.
04/17/2015	Joint appendix filed. (Statement of costs filed)
04/17/2015	Brief of petitioner OBB Personenverkehr AG filed.
04/23/2015	Brief amicus curiae of International Rail Transport Committee (CIT) filed.
04/24/2015	Brief amicus curiae of United States filed.
04/24/2015	Brief amici curiae of The Governments of the Kingdom of the Netherlands and the Swiss Confederation filed.
06/26/2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
06/29/2015	Brief of respondent Carol P. Sachs filed.
07/06/2015	Brief amicus curiae of NML Capital, Ltd. filed.
07/28/2015	Reply of petitioner OBB Personenverkehr AG filed. (Distributed)
07/29/2015	SET FOR ARGUMENT on Monday, October 5, 2015.
07/31/2015	CIRCULATED.
08/12/2015	Record requested from U.S.C.A. 9th Circuit.
08/12/2015	The Record from U.S.C.A. is electronic and located on PACER.
08/28/2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/05/2015	Argued. For petitioner: Juan C. Basombrio, Costa Mesa, Cal.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Jeffrey L. Fisher, Stanford, Cal.
12/01/2015	Judgment REVERSED. Roberts, C. J., delivered the opinion for a unanimous Court.
01/05/2016	JUDGMENT ISSUED