Tag Archives: official immunity

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: Rishikof v. Mortada

The case of the day is Rishikof v. Mortada (D.D.C. 2014). Trudith N. Rishikof, a pedestrian, was struck and killed by a car driven by Kamal Mortada. Mortada was a deliveryman employed by the government of Switzerland and driving a Swiss government-owned vehicle. At the time of the accident, he was delivering a package from the Swiss embassy to the World Bank. Rishkkof’s estate sued Mortada and the Swiss state, claiming they were jointly and severally liable. Mortada moved to dismiss on grounds of immunity.
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