Commercial Litigation and Arbitration

When a Statute Is Best Applied Uniformly, Compelling Reason Required to Convince Court to Create Circuit Split

Sachs v. Republic of Austria, 737 F.3d 583 (9th Cir. 2013):

Because Congress passed the FSIA to promote uniformity in the treatment of foreign sovereign immunity, and because we think that Congress intended to permit suit in the United States against foreign sovereign common carriers that sell tickets in the United States through agents, we see no compelling reason to create a split with our sister circuits. See Kelton Arms Condo. Owners Ass'n. v. Homestead Ins. Co., 346 F.3d 1190, 1192 (9th Cir. 2003)  (When a law is "best applied uniformly, . . . we decline to create a circuit split unless there is a compelling reason to do so.").

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