OBB Personenverkehr AG v. Sachs - Oral Argument - October 05, 2015 Page 3

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

Elena Kagan:

In Austria, even though she bought the ticket in the United States? You think even the breach of contract case could not be brought in the United States?

Juan C. Basombrio:

Correct, because the -- the wrongful act, the breach, arises in Austria.

John G. Roberts, Jr.:

What about --

Anthony M. Kennedy:

Suppose we disagree with that --

Juan C. Basombrio:

I'm sorry?

Anthony M. Kennedy:

Suppose we disagree with that answer? Do you lose the case?

Juan C. Basombrio:

I'm sorry?

Anthony M. Kennedy:

Suppose we disagree with the answer that you gave to Justice Kagan.

Suppose we disagree that that suit has to be in Austria.

Can you still prevail on the facts of this case? The hypothetical was the ticket is not honored.

Suppose we disagree with your answer.

Can you still prevail on the facts that it -- that it did, in fact, occur in this case?

Juan C. Basombrio:

Yes, but I would still prevail based on the agency argument that we have presented.

Antonin Scalia:

But you --

Elena Kagan:

Could you go back and explain to me what -- I'm sorry.

Antonin Scalia:

You -- you'd lose on -- on the other point.

Juan C. Basombrio:

Well --

Antonin Scalia:

You -- you acknowledge that you would lose on the other point if -- if that hypothetical came out the other way?

Juan C. Basombrio:

No, I do not.

Antonin Scalia:

Oh.

Juan C. Basombrio:

I believe -- let me clarify, Your Honor, if I may. My answer to Justice -- Justice Kagan was that I believe that a breach of contract claim for dishonor of the ticket in Austria has to be brought in Austria.

Elena Kagan:

Because --

Juan C. Basombrio:

Justice -- because that's where the breach occurred that gives rise to the cause of action. Justice Kennedy said to me, suppose that we disagree with you, can you still win the case? And my answer was, I could still win, I believe, under the agency alternative argument.

Antonin Scalia:

But not --

Elena Kagan:

What about apart --

Antonin Scalia:

-- not under -- under the argument you're -- you're first making?

Juan C. Basombrio:

Not if the Court ruled against me, no.

But I believe --

Antonin Scalia:

On that -- why? Why? I mean, couldn't -- couldn't you make the argument that the question ought to be decided not -- not by where the -- where the contract was breached but where the contract was made? I mean, we could hold -- we could hold that, and that would not affect your case.

Juan C. Basombrio:

That's true.