 For the exception to apply, O’Scannlain noted, the statute requires that the action arise from “a commercial activity carried on in the United States by the foreign state...or upon an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere [when such] act causes a direct effect in the United States.” The fact that Garuda sold tickets in the United States did not furnish a sufficient nexus to subject its domestic flights to the exception, the judge wrote.Senior Judge Ferdinand F. Fernandez and Judge Raymond C. Fisher joined in the opinion that ended Coyle's suit.It is uncertain if any lawsuits made reference to the air traffic controller giving instructions and information to the wrong airplane, than leaving out some of that information when he finally repeated it to the crew of the accident plane.