Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “official immunity

Case of the Day: Ben-Haim v. Edri

Posted on February 22, 2018

The case of the day is Ben-Haim v. Edri (N.J. Super. Ct. App. Div. 2018). Sharon and Oshrat Ben-Haim, two Jewish Israelis, were married in Israel in 2008. Before and after the wedding, they lived in New Jersey. They had a daughter after the marriage, who was born in New Jersey. When the family traveled to Israel, the wife filed for divorce in the rabbinical court, which, under Israeli law, had jurisdiction because the spouses were Jews. The rabbinical court issued a writ of ne exeat, but it eventually allowed the husband to return to New Jersey. The daughter remained in Israel with the wife.

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Case of the Day: Doğan v. Barak

Posted on October 20, 2016

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…

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Case of the Day: Rishikof v. Mortada

Posted on October 27, 2014

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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