Tag Archives: Israel

Case of the Day: Doğan v. Barak

Women holding "Boycott Israel" And Other Signs
Credit: Women’s Boat to Gaza

The case of the day is Doğan v. Barak (C.D. Cal. 2016). This is another case in the “Gaza flotilla lawfare” genre. I previously wrote about Schermerhorn v. Israel, where a motion to dismiss is yet to be decided. The Schermerhorn case is a FSIA case, because the defendant is Israel itself. In today’s case, the plaintiffs, Ahmet and Himet Doğan, both Turkish nationals, were the parents of Furkan Doğan, a US citizen who took part in the Gaza flotilla’s attempt to run the blockade of Gaza and who was killed in the fighting that occurred when the IDF boarded the flotilla vessels after they refused to turn back. They sued Ehud Barak, then Israel’s Minister of Defense, under the Alien Tort Statute, the Torture Victim Protection Act, and the Anti-Terrorism Act. Barak moved to dismiss, supported by the United States, which filed a suggestion of immunity.
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Case of the Day: Judicial Authority of Ohio v. Mann

Jerusalem Magistrate Court building
The Magistrate Court building in Jerusalem. Credit: Yagasi

The case of the day is Judicial Authority of Ohio v. Mann (Jerusalem Magistrate Court 2016). I don’t have the text of the opinion, unfortunately, but I got a pointer to the case from Eric Sherby’s Globalit blog. The case involved a letter of request under the Hague Evidence Convention seeking discovery in aid of execution of an Ohio judgment. The exact procedural posture of the case in Ohio is unclear from Eric’s report. In any case, the Jerusalem Magistrate Court refused to execute the letter of request on the grounds that Article 1 of the Convention provides: “The expression ‘other judicial act’ does not cover the service of judicial documents or the issuance of any process by which judgments or orders are executed or enforced, or orders for provisional or protective measures.”
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Case of the Day: Zaft v. Golan

The case of the day is Zaft v. Golan (N.D. Fla. 2013). It’s an older case that just came across my screen and is worth a mention. Gidon Zaft, an American, and Yair Golan, an Israeli, were parties to a partnership agreement under which Zaft owned 70% of Royal Moroccan Inc., a Floridan corporation, and Golan owned 30%. The agreement had Florida choice of law and choice of forum agreements, and it provided:

All notices required or permitted under the terms of this Agreement shall be in writing and shall be
deemed to have been properly given and served when sent by overnight, Registered and/or Certified Mail, postage prepaid, returned receipt requested, properly addressed.

Zaft sued Golan on several business tort claims. According to the return of service, a process server personally served the documents on Golan in Israel, at the address specified for notices in the agreement. The court entered Golan’s default when Golan didn’t answer. Golan sought relief from the default on the grounds that he had not been properly served with process.
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