On December 1, 2015, the U.S. Supreme Court (Court) decided in OBB Personenverkehr AG v. Sachs that a California resident could not recover against the state-owned Austrian railway under the commercial activity exception to the Foreign Sovereign Immunities Act (FSIA). Carol Sachs, a California resident, had purchased tickets for a train journey in Europe online from a travel agency based in Massachusetts. At a train station in Austria, she had taken a fall on the platform and been seriously injured. Sachs argued that “her suit falls within the Act’s commercial activity exception, which provides in part that a foreign state does not enjoy immunity when ‘the action is based upon a commercial activity carried on in the United States by the foreign state.’” The Court disagreed, citing its test from an earlier decision and asking whether “an action is ‘based upon’ the ‘particular conduct’ that constitutes the ‘gravamen’ of the suit.” It concluded that “the conduct constituting the gravamen of Sachs’s suit plainly occurred abroad. All of her claims turn on the same tragic episode in Austria, allegedly caused by wrongful conduct and dangerous conditions in Austria, which led to injuries suffered in Austria.” The Court concluded that “the ‘essentials’ of her suit for purposes of [the commercial activity exception] are found in Austria” and the commercial transaction, a “single element” of her claim, was not enough to meet the requirements of the exception.