OBB Personenverkehr AG v. Sachs - Oral Argument - October 05, 2015 Page 18

OBB Personenverkehr AG v. Sachs

Media for OBB Personenverkehr AG v. Sachs

Audio Transcription for Opinion Announcement - December 01, 2015 in OBB Personenverkehr AG v. Sachs

Audio Transcription for Oral Argument - October 05, 2015 in OBB Personenverkehr AG v. Sachs

Juan C. Basombrio:

As in Justice Kagan's question, I would answer, if the breach occurred in Austria, then the claim would arise in Austria. Now, the warranty, in terms of the duty of care, there is no duty of care until she arrives at the station and tries to board that train.

And even if she didn't have a ticket at all, the record establishes that we would still owe her a duty of care.

Samuel A. Alito, Jr.:

What if she also had, in addition to the claims she's asserted, a conventional breach of contract claim? She said that when they -- when she tried to get on the train, they said no, your Eurail Pass doesn't let you get on free, you have to pay an additional amount?

Juan C. Basombrio:

That would have said --

Samuel A. Alito, Jr.:

We look to the gravamen of the whole thing and we say, well, the tort claims are in Austria and therefore she can't bring this breach of contract claim in the United States?

Juan C. Basombrio:

Well, if she had been -- if she had been hurt and in addition to that, they would have told her --

Samuel A. Alito, Jr.:

Well, exactly what happened here, plus she said they made me pay extra.

Juan C. Basombrio:

Then the gravamen would still be Austria because that's where all those events took place.

John G. Roberts, Jr.:

Thank you, counsel. The case is submitted.