The case of the day is the Department of Transportation’s investigation of Kuwait Airways Company. The DOT undertook the investigation at the request of Eldad Gatt, an Israeli national who was seeking to travel from New York to London by air. Kuwait Airways (which according to Gatt was offering the lowest fare on the day he tried to travel) refused to sell him a ticket because he was traveling on an Israeli passport. Gatt asserted that the airline discriminated against him on the basis of national origin, in violation of 49 U.S.C. § 40127(a), which provides:
An air carrier or foreign air carrier may not subject a person in air transportation to discrimination on the basis of race, color, national origin, religion, sex, or ancestry.
Continue reading Case of the Day: In re Kuwait Airways Co.
The case of the day is AVR Communications, Ltd. v. American Hearing Systems, Inc. (Minn. Ct. App. 2005). American Hearing Systems, a Minnesota firm in the hearing aid business, got into a contract dispute with AVR, an Israeli firm. In 2007, AVR commenced an arbitration against AHS in Israel that resulted in an award in favor of AVR for $2.675 million in damages and ₪ 1 million in fees and expenses. In other words, the award was partly denominated in dollars and partly in shekels. In 2014, the U.S. District Court for the District of Minnesota confirmed the award. Its judgment required payment of a portion of the judgment in shekels, just as the award had. AVR then sought to register the federal judgment in the Minnesota state district court. The decision said AVR did this “so [it] could begin collection proceedings.” Of course, registration of the federal judgment in the state courts was hardly necessary—the federal courts have ample remedies for judgment creditors, and indeed, FRCP 69 incorporates the remedies the judgment creditor would have in the state courts.
In any event, the state district court refused to enter a judgment denominated in both dollars and shekels. Instead, it entered a judgment denominated in dollars only, at a particular conversion rate. AHS appealed.
Continue reading Case of the Day: AVR Communications v. American Hearing Systems
The case of the day is Zivotofsky v. Kerry (S. Ct. 2015). At least since US recognition of the State of Israel in 1948, the United States has never recognized the sovereignty of Israel or any other state over Jerusalem. The State Department’s practice, when issuing passports to US citizens born abroad, is to list the country of birth in the passport; but its policy is never to list a country of birth that is at odds with the US position on recognition of a foreign state. Thus when a US citizen is born in Jerusalem, the passport does not list Israel or any other country as the place of birth; instead, the passport simply lists Jerusalem as the place of birth.
Continue reading Case of the Day: Zivotofsky v. Kerry