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On December 6, 2013, in Sachs v. Republic of Austria, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that a foreign state-owned common carrier carries on commercial activity in the United States when it sells rail passes through a United States ticket agent. In so holding, the court expanded the scope of jurisdiction over foreign state-owned entities to include claims arising from transactions with common law agents of foreign states. This Comment argues that the Ninth Circuit correctly applied principles of agency law to foreign state-owned common carriers acting through domestic ticket agents, and that, on review, the U.S. Supreme Court should hold the same. Further, this Comment urges Congress to articulate a uniform standard to avoid inconsistencies between the common law in various states.


File nameDate UploadedVisibilityFile size
8 Sep 2022
343 kB



  • Subject
    • Commercial Law

    • Jurisdiction

    • Transportation Law

  • Journal title
    • Boston College Law Review

  • Volume
    • 56

  • Issue
    • 6

  • Pagination
    • E. Supp. 92

  • Date submitted

    8 September 2022