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U.S. Court of Appeals for the 9th Circuit

Dec. 10, 2013

9th Circuit: Foreign governments not immune from lawsuits

A Berkeley woman who lost both legs in a railway platform accident in Austria can proceed with her suit against the Austrian government railroad she accuses of negligence, a 9th U.S. Circuit Court of Appeals en banc court held.


By John Roemer


Daily Journal Staff Writer


A Berkeley woman who lost both legs in a railway platform accident in Austria can proceed with her suit against the Austrian government railroad she accuses of negligence, a 9th U.S. Circuit Court of Appeals en banc court held Friday.


The decision turned on the commercial activity exception to the Foreign Sovereign Immunities Act, a 1976 statute that codified a U.S. doctrine of extending immunity from ...

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