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January 29, 2015 / 9 Shevat, 5775
 
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Posts Tagged ‘lawsuit’

Israel Law Center Wins Landmark Decision Against PA in NY Court

Friday, November 21st, 2014

Shurat HaDin – the Israel Law Center – on Thursday (Nov. 20) won a landmark decision against the Palestinian Authority (PA) on behalf of 11 families of victims of terror. The U.S. District Court in New York set a date for a jury trial in January for the case that began in 2004.

The Israeli civil rights advocacy group is representing the families in a lawsuit that holds the PA and Palestine Liberation Organization (PLO) responsible for the deaths of their loved ones due to seven terror attacks between 2001 and 2004, during the period of the second intifada.

“For years the PA provided funding and every measure of support for the murderous terrorist operations in Israel that devastated the country and left so many civilians dead,” said Shurat HaDin head Attorney Nitzana Darshan-Leitner.

“The decision and trial will provide an unprecedented opportunity to present to a New York jury all that the evidence that has been amassed documenting the Palestinians’ use of terrorism as an official policy to advance their goals,” she added.

At issue is the question of whether the PA and PLO are “vicariously liable” for the deaths of the American citizens killed in the seven terror attacks.

Thursday’s decision found there was sufficient evidence to prove that PA employees were involved in carrying out terror attacks against civilians in Israel and that the PA and PLO provided weapons, money and other material support to the operatives, in violation of U.S. Anti-Terror laws.

Moreover, there is sufficient evidence to provide the possibility that a jury could also rule the PA and PLO guilty of providing “safe haven” to the terrorists, and material support to Fatah’s military wing, the Al-Aqsa Martyrs’ Brigades and Gaza’s ruling Hamas terrorist organization.

Recently Shurat HaDin won a ruling against the Arab Bank in which the bank was found guilty of providing material support to Hamas in funding terrorist attacks. The bank has appealed the case.

The trial set for January is a landmark case whose costs in terms of damages awarded by the court to the plaintiffs could reach up to $1 billion.

 

 

Woolworths Hits Back at BDS with Lawsuit Threat

Sunday, October 5th, 2014

The South Africa-based Woolworths retail chain is threatening to sue the Boycott, Divest and Sanction group over customer and staff safety.

“Our employees, of all faiths and cultures, are telling us that they are feeling increasingly threatened by the protests,” Woolworths spokesman Babs Diamini said this week, according to South Africa’s Times Live.

“What’s more, the families of our employees have reported being abused and sworn at by BDS. If this continues we will consider taking further precautions, including legal action against the individuals involved,” Diamini said.

Just as BDS has the right to protest, said Diamini, the chain’s employees have the right to work, and its customers have the right to shop without being intimidated.

She added that it is not clear why Woolworths is being targeted and other major corporations are not, because “more than 95 percent of our food is sourced locally [and] the government continues to authorize trade with Israel.”

Other companies with ties to Israel include Coca-Cola, McDonalds, Danone, Nestle and Motorola. But BDS activist Mohammed Desai made it clear the movement would stay focused on Woolworths, acknowledging the group could not tackle every target at once.

“For now, Woolworths is our target. They are making a grave mistake by ignoring us and if we go to all those retailers our campaign will be diluted.”

BDS activists have demonstrated at more than 40 protests targeting Woolworths around South Africa. The group says it plans to raise the pressure at the retail giant’s annual general meeting on November 26.

Woolworths Holdings Limited is a South African chain of retail stores and one of the largest in the country, modeled on Marks & Spencer of the United Kingdom. The Woolworths brand incorporates a series of food stores, some of which are attached to department stores, while others stand alone or are attached to Engen petrol stations in prosperous urban areas. Some branches include an in-store restaurant, branded as “Cafe W”. Woolworths goods are sold at 149 corporate stores, 51 international franchise stores throughout the rest of Africa and the Middle East and 69 South African franchise stores nationwide. The chain was named after the United States chain F. W. Woolworth Company but, because of the contemporary trademark laws, the name was legally used without permission. No financial connection ever existed between the companies.

Death Row Inmate: ‘Kosher-like’ is Not Kosher’

Thursday, September 18th, 2014

An inmate on death row at the Northern Correctional Institution in Somers, Connecticut, has filed a hand-written lawsuit against the state claiming that that his right to practice freedom of religion is being violated — suddenly, after six years of incarceration.

Steven Hayes, 51, is claiming in his suit against the Connecticut State Department of Corrections that he is a practicing Orthodox Jew and is being denied kosher food, which he says he has requested since May 2013. (Hayes said he previously practiced Taoism, according to the Raw Story website.)

His Jewish status, however, seems to be rooted solely in his own belief; Hayes describes himself as a “self-converted Jew” and there are no claims of having a Jewish mother nor any documentation of any conversion according to Jewish law, which would mandate the necessity for him to receive kosher food. His knowledge of conversion apparently stems from discussions he had with a previous prison rabbi in the 1990s.

As is explained by the Jewish Prisoner Services International organization: “A Jew is one who has either been born Jewish or has been properly converted. One cannot become a Jew by simply declaring that he/she is Jewish, or by beginning to practice the Jewish faith.”

Regardless, Hayes says in his lawsuit, “This continuous denial of a kosher diet is a clear violation of my First Amendment right to freely practice my religion of choice, Judaism.” He also charges the Department with cruel and unusual punishment because he is forced to eat non-kosher food in order to survive. Hayes claims he has lost weight due to this issue, which prevents him from eating properly, according to reports published in the Hartford Courant and New Haven Register newspapers.

The inmate was convicted in 2010 for invading a home in Cheshire in 2007, where he assaulted and strangled a mother to death. He also attacked and murdered her two daughters, ages 11 and 17, tying them to their beds and then leaving them there while setting the house on fire. The children’s father, the lone survivor of the attack, was severely beaten but managed to escape. (Another man was involved in the crime as well.)

The prison kitchen has no strictly kosher certification, Hayes says in his lawsuit, and so he has asked for pre-packaged kosher food. Instead, he claimed, the kitchen staff told him the food served at the prison is “kosher-like.” But in his lawsuit, Hayes responded that “kosher-like is not kosher,” the Courant reported.

According to a separate report by the New Haven Register, Hayes has been consulting with and speaking with a prison rabbi. He has also asked for more time with the rabbi, the paper reported.

In addition, he has asked for $15,000 in punitive and compensatory damages for “intentional infliction of pain, suffering and resulting weight loss from the deliberate denial of a kosher diet.” Hayes also wants a trial by a judge. And a court order forcing the Department of Corrections to make sure pre-packaged kosher meals are provided to him – and to every other Jewish prisoner in the Connecticut penal system.

The attorney for Hayes, public defender Thomas Ullmann, says he is “happy he is finding some spiritual solace.” He adds, “This is what being on death row does. People are sitting in their cells, not doing anything, so filing federal lawsuits is the kind of thing that happens.”

The Department’s acting director of external affairs, Karen Martucci, says the lawsuit was referred to the Attorney General. A spokesperson from the A-G’s office, Jaclyn Falkowski, said in response to a query, “We are reviewing the complaint and will respond at the appropriate time in court.”

At least he’s not asking for a raise in his monthly salary. In fact, he may not even have a monthly salary. After all, he hasn’t had any tutoring from the Palestinian Authority terrorists sitting in Israeli prisons.

LA Jewish Cemetery Settles Class-Action Suit for $80.5 Million

Tuesday, March 4th, 2014

A Los Angeles Jewish cemetery accused of dumping remains to make room for new interments has settled a 25,000-person class action lawsuit.

Eden Memorial Park in Missions Hills, Calif., agreed to a settlement worth about $80.5 million, the Los Angeles Jewish Journal reported, citing documents filed in Los Angeles Superior Court on Feb. 27.

The lawsuit was filed in 2009. It claimed that Eden Memorial Park, one of the largest Jewish cemeteries in the United States, instructed groundskeepers to “secretly break concrete vaults with a backhoe and remove, dump and/or discard the human remains, including human skulls, to make room for new interments.” The alleged incidents began as early as 1985.

About 40,000 people are buried in the 72-acre cemetery.

The settlement will be finalized in mid-May. The case went to trial last month in the Los Angeles Superior Courthouse.

Eden Memorial Park is owned and operated by SCI California, a subsidiary of Texas-based Service Corporation International (SCI), the largest operator of cemeteries and funeral services in the United States.

Muslim Woman Suing Judge for Banning Headscarf

Tuesday, February 4th, 2014

I’m not crazy about the fact that this case is being handled by our friends at CAIR, but the attorney being interviewed does mention that forcing a Muslim woman to remove her hijab is exactly like making an Orthodox Jew take off his yarmulke.

Discuss.


London Rabbi Suing Billionaire Philanthropist over Property Deal

Wednesday, November 20th, 2013

A Ukrainian billionaire living in London is being sued by his rabbi over a joint property venture.

Rabbi Yonah Pruss claims that he and Gennadiy Bogolyubov, a philanthropist who is involved in the Chabad movement, entered into a deal to find, purchase and manage investment properties in Britain along with a surveyor, Colin Gershinson, according to the Times of London.

Bogolyubov put up the money for the properties identified by Pruss, a Chabad rabbi, and Gershinson, the newspaper reported. Pruss and Gershinson were to share in the profits.

But the rabbi, who reportedly eased Bogolyubov’s way into London Jewish society, discovered that two of the most valuable properties were placed into trust for Bogolyubov and his family. Pruss and Gershinson are now demanding millions of dollars for their share of the deals.

A lawsuit has been filed in a lower court, according to The Independent, and Pruss has threatened to take the case to Britain’s High Court.

Israel’s Supermodel Bar Rafaeli Wins $113,000 in Samsung Lawsuit

Thursday, October 17th, 2013

Even Israeli supermodel Bar Rafaeli has a right to privacy, and even Samsung does not have the right to invade it, a Tel Aviv court ruled Wednesday in a decision that will cost Samsung nearly $160,000.

Samsung’s Israeli importer Suny Electronics went ahead and used online broadcasts of her in its advertising campaign in 2006 but without her knowledge.

She sued for violations of her rights of privacy. It’s one thing to go on the air, but it is another matter to take the conversation and use it for a commercial campaign without a person’s knowledge, let alone permission.

Samsung decided to go head-to-head and battle it out in the court and even sued Bar Rafaeli for libel for writing to Samsung’s office in Korea about the misuse.

Tel Aviv District Court Judge Avi Zamir decided in her favor and ordered Samsung to fork over $113,400 to Bar Rafaeli  plus another $42,000 to cover court costs.

He threw out the libel suit but also dismissed the supermodel’s claim for personal damages from a market consultant, Globes reported.

“The image of models, their voices, bodies, and names are their personal assets, and no one has the right to use them for commercial purposes without their consent and without compensation,” Judge Zamir ruled.

He added, “These assets have the right to be protected. Every model, male or female, even if they chose to reveal themselves in an advertisement, even the broadest and most exposing, in any media, has the right not to have use made of these private assets beyond what was agreed, and without their explicit consent.

“Even deviations from existing agreements over the extent of the permitted use of these assets, damage them, damage that justifies financial compensation.”

Considering that Bar Rafaeli is a good sell for anything from apples to zebras, Samsung may have gotten more than its money’s worth for the free use of her conversations.

Printed from: http://www.jewishpress.com/news/israels-supermodel-bar-rafaeli-wins-113000-in-samsung-lawsuit/2013/10/17/

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