Respondent Carol Sachs is a resident of California who purchased in the United States a Eurail pass for rail travel in Europe. She suffered traumatic personal injuries when she fell onto the tracks at the Innsbruck, Austria, train station while attempting to board a train operated by the Austrian state-owned railway. She sued the railway in Federal District Court, arguing that her suit was not barred by sovereign immunity because it is ‘based upon’ the railway’s sale of the pass to her in the United States.
The Class Action Fairness Act [CAFA; 28 U.S.C. § 1332(d); Pub. L. No. 109-2, 119 Stat.4 (2005)] authorizes the removal to federal court of “mass actions,” in which “monetary relief claims of 100 or more persons are proposed to be tried jointly on the ground that the plaintiffs’ claims involve common questions of law or […]
A California lawyer made a telephone call to an Arizona lawyer to inquire about title and ownership of equipment the California lawyer’s client was contemplating buying from a Texas company. He left a voicemail message, and the Arizona lawyer returned the telephone call. The Arizona lawyer represented he was the lawyer for the Texas company, […]