- Israel
- Europe
- United States
- BDS and Product Labeling
Avneri v. Knesset, HCJ 5239/11, 15 Apr 2015. The petitioners sought to void the Prevention of Harm to the State of Israel by means of Boycott Law, 5711-2011. The Law attributes tortious liability and establishes various administrative restrictions against anyone who knowingly publishes a public call to impose a boycott on the State of Israel, as defined by the Law. The Petitioners argued that the Law was unconstitutional for infringing various constitutional rights. The court voided section 2c of the law which provided for payment of compensation independent of the actual damage done.
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- Decision and Ruling of the Court (Hebrew) (English) (Abstract – English)
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Alqasem v. Ministry of the Interior and The Hebrew University, HCJ 7216/18, 18 Oct 2018. The petitioner arrived at Ben Gurion Airport, but following questioning at the airport the Minister of Interior decided to prevent her entry due to her prior BDS activities, pursuant to Amendment 28 of the Entry into Israel Law of 1952. The court, on appeal reversed the lower court’s ruling, finding that in view of the lapse in time since petitioner had engaged in BDS activities, preventing her entry would not advance the purpose of the Law.
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- Decision and Ruling of the Tel Aviv Appeals Court (Hebrew)
- Decision and Ruling of the High Court (Hebrew) (English) (Abstract – English)
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Omar Shakir v. Ministry of the Interior, HCJ 2966/19, 5 Nov 2019. In October 2016, Human Rights Watch (HRW) hired Omar Shakir, a known advocate of the BDS movement, to serve as its “Israel and Palestine Country Director,” In May 2018, due to Shakir’s BDS ties, the Israeli Ministry of Interior chose not to renew his work visa. HRW and Shakir challenged this decision in Israeli courts. In April 2019, he lost his case in the Jerusalem District Court and appealed to the Israeli Supreme Court. The Israeli courts allowed him to remain in the country during his appeal process. On 5 Nov 2019, the Supreme Court rejected Shakir’s appeal, upholding the ruling of the District Court confirming the decision to not renew his work visa.
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- Decision and Ruling of the High Court (Hebrew) (English – unavailable)
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Europe
Cass. crim., 20 oct. 2015, no 14-80020, ECLI:FR:CCASS:2015:CR04290. In two companion cases, the highest court of France, the Court of Cassation, upheld a ruling against activists who called to boycott Israeli products. The court confirmed the convictions of 12 individuals in connection with their 2009 and 2010 actions in supermarkets near the eastern city of Mulhouse. The court based it’s ruling on the French law on Freedom of the Press, which prescribes imprisonment or a fine for parties that “provoke discrimination, hatred or violence toward a person or group of people on grounds of their origin, their belonging or their not belonging to an ethnic group, a nation, a race or a certain religion.”
The Supreme Court of Spain, in a decision issued on 20 Sep 2022, ruled that the support and/or funding of BDS campaigns by public institutions constitutes unlawful discrimination. ACOM Press Statement
Many localities in Spain had previously enacted pro-BDS resolutions, resulting in a flurry of lawsuits successfully challenging those resolutions. The Spanish organization ACOM (Acción y Comunicacion sobre Oriente Medio), which has spearheaded those lawsuits, has a web page listing 85 of the lawsuits along with a map providing information on the localities involved.
Palestine Solidarity Campaign v. Secretary of State for Communities and Local Government, appeal decided 6 Jun 2018, [2018] EWCA Civ 1284. The Secretary of State for Communities and Local Government had issued a Guidance for investment strategy by local government pension funds which stated “that using pension policies to pursue boycotts, divestment and sanctions against foreign nations and UK defence industries are inappropriate … other than where formal legal sanctions, embargoes and restrictions have been put in place by the Government.” In response to the court challenge, the lower court ruled, on 22 Jun 2017, that the Secretary of State unlawfully used powers designed for pension regulation in order to achieve unrelated purposes, namely the advancement of UK foreign and defense policy. The ruling was set aside on appeal. However, the Supreme Court of the United Kingdom, in a 3-2 issued on 29 Apr 2020, reinstated the ruling of the lower court.
The Supreme Court’s ruling has sparked proposed anti-BDS legislation in the UK Parliament, as outlined in the 2022 Queen’s Speech — the annual ceremonial address on May 10 that opens parliament, and which sets out the government’s legislative priorities. The legislation, according to a government summary, would stop public bodies in the United Kingdom from engaging in BDS measures and prevent them from “adopting their own approach to international relations.” If the proposed legislation is enacted, any subsequent amendments to the Guidance, can be viewed on the government’s website.
United States – BDS and Support of Terror
Damage Claim for Material and Financial Support of Terror
Keren Kayemeth LeIsrael-Jewish National Fund, et al. v. Education for a Just Peace in the Middle East d/b/a US Campaign for Palestinian Rights, 19-cv-03425 (D.D.C., filed 13 Nov 2019. The complaint alleged that USCPR has violated the Anti-Terrorism Act, 18 U.S.C. § 2331, by funneling online donations to the Boycott National Committee, the umbrella organization that steers and coordinates the global activities of the BDS movement, knowing that in doing so they are supporting and sponsoring known designated foreign terrorist organizations, including Hamas. The lawsuit further alleged that USCPR has materially supported the foreign terrorist organizations responsible for incendiary terror balloons and kites launched from Hamas-controlled Gaza into Israel. The connection between BDS and terrorism is documented in a report [En, He, Fr, Sp] from the Israel Ministry of Strategic Affairs and Public Diplomacy. Notwithstanding plaintiff’s allegations of harm, the court granted defendant’s motion to dismiss on 29 Mar 2021. Plaintiff’s motion for reconsideration was denied in a minute order issued by the court on 2 Aug 2021. On appeal, the D.C. Circuit Court of Appeals affirmed. A petition for writ of certiorari to the U.S. Supreme Court is pending.
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- Complaint – Press Release
- Defendant’s Motion to Dismiss
- Plaintiffs’ Opposition to Motion to Dismiss
- Defendant’s Reply in Support of Motion
- Court’s Decision Granting Motion to Dismiss
- Plaintiffs’ Motion for Reconsideration
- Defendant’s Opposition to Reconsideration
- Plaintiffs’ Reply in Support of Motion
- Reconsideration Denied in Minute Order
- Plaintiffs-Appellants’ Brief on Appeal
- Defendant-Appellee’s Answering Brief
- Plaintiffs-Appellants’ Reply Brief
- Oral Argument – D.C. Circuit – 12 Jan 2023
- Opinion of the Court of Appeals
- Petition for Writ of Certiorari
- Respondents’ Waiver of Right to File Response
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United States – Challenges to State Anti-BDS Laws
Arizona’s Anti-BDS law has been the subject to two court challenges, one of which was dismissed as moot and the other settled.
1. Jordahl v. Brnovich, Arizona Attorney General, 336 F. Supp. 3d 1016 (D. Ariz. 2018). The lawsuit, brought by the ACLU, challenged the Arizona law on First Amendment grounds. The Arizona Attorney General, in defending the law, stated that it regulates commercial conduct, not speech. Notwithstanding the State’s view, the court granted the plaintiff’s motion for a preliminary injunction on 27 Sept 2018. An appeal by the State of Arizona to the 9th Circuit Court of Appeals was briefed but was stayed by the Court, after the law was amended, pending the outcome of other litigation. On 10 Dec 2019, the Ninth Circuit Court of Appeals vacated the preliminary injunction and directed the lower court to dismiss the case as moot. The Court found the matter moot because the plaintiff is no longer subject to the law, as amended.
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- Complaint
- Plaintiff’s Motion for Preliminary Injunction
- First Amended Complaint
- State’s Motion to Dismiss and Opposition to Motion for Preliminary Injunction
- Plaintiff’s Opposition to Motion to Dismiss and Reply in Support of Preliminary Injunction
- State’s Reply in Support of Motion to Dismiss
- Court Order Granting Motion for Preliminary Injunction and Denying Motion to Dismiss
- State’s Opening Brief on Appeal to the Ninth Circuit
- Appellee’s Answering Brief on Appeal to the Ninth Circuit
- State’s Reply Brief on Appeal to the Ninth Circuit
- State’s Supplemental Briefing on Mootness
- Court Order Staying Proceedings
- Court Order Vacating Preliminary Injunction and Directing Dismissal
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2. American Muslims for Palestine v. Arizona State University, 18-cv-00670 (D. Ariz., filed 1 Mar 2018). This lawsuit claimed First Amendment violations, arguing that Arizona’s ban on contracting with boycotters constitutes viewpoint discrimination. However, the contract which an invited speaker was asked to sign contained a clause barring boycotts of Israel. However, the university agreed not to enforce the contract and circulated a revised form for speakers, artists, and performers, which does not contain the anti-boycott language. As a result, the parties entered a joint stipulation in which plaintiffs withdrew their application for a preliminary injunction. Subsequently, defendants’ motion to dismiss was granted by the Court for lack of jurisdiction.
Arkansas Times LP v. Waldrip, et al., 18 Cv. 914 (E.D. Ark., filed 11 Dec 2018). Lawsuit, filed on behalf of Arkansas Times LP, by the ACLU, claimed that Arkansas’ anti-BDS law is an unconstitutional tax on free speech. The law requires either, that government contractors pledge not to boycott Israel, or have their fees reduced by 20 percent. By order and judgment issued on 23 Jan 2019, the court dismissed the case holding that the statute does not violate the First Amendment. On appeal to the 8th Circuit Court of Appeals, the Court reversed in a 2-1 decision issued on 12 Feb 2021, and remanded the case back to the trial court. However, the Court of Appeals granted a rehearing en banc and reversed, finding that the statute is constitutional. Plaintiff then sought review in the U.S. Supreme Court. The Court, however, denied its Petition for a Writ of Certiorari on 21 Feb 2023. JNS Article
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- Complaint
- Motion for Preliminary Injunction
- Brief in Support of Preliminary Injunction Motion
- Brief in Opposition to Motion for Preliminary Injunction
- Motion to Dismiss
- Brief in Support of Motion to Dismiss
- Plaintiff’s Opposition to Motion to Dismiss and in Further Support of Preliminary Injunction Motion
- Order and Judgment Denying Motion for Preliminary Injunction and Dismissing Case
- Plaintiff-Appellant’s Opening Brief on Appeal
- Defendants-Appellees’ Answering Brief
- Plaintiff-Appellant’s Reply Brief
- Oral Argument – Eighth Circuit – 15 Jan 2020
- Appellate Court’s Decision and Dissent
- Defendants-Appellees’ Petition for Rehearing En Banc
- Plaintiff-Appellant’s Response to Petition
- Order Granting Petition for Rehearing
- Oral Argument – Eighth Circuit – 21 Sep 2021
- Appellate Decision Upholding Anti-BDS Law
- Petition for Writ of Certiorari
- Brief in Opposition to Petition
- Reply Brief for Petitioner
- Court's Order Denying Certiorari
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Martin v. Wrigley, Chancellor for the Board of Regents, et al., 20-cv-00596 (N.D. Georgia, filed 10 Feb 2020). The lawsuit challenged the Georgia Anti-BDS Law on First Amendment Grounds. On 21 May 2021 the Court granted in part and denied in part defendants’ motion to dismiss. The law was amended, effective 1 Jul 2022, after which the Court dismissed the lawsuit in its entirety, it having been rendered moot by the amendment. Plaintiff appealed. However, the 11th Circuit Court of Appeals affirmed the lower court’s dismissal on the ground of qualified immunity.
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- Complaint
- First Amended Complaint
- Defendant’s Brief in Support of Motion to Dismiss
- Plaintiff’s Opposition to Motion to Dismiss
- Defendant’s Reply in Support of Motion
- Court’s Decision Granting Motion in Part and Denying in Part
- Defendants’ Motion to Dismiss for Mootness
- Court’s Order to Show Cause
- Plaintiff’s Response to Show Cause Order
- Court’s Order Dismissing Lawsuit
- Plaintiff-Appellant’s Brief on Appeal
- Defendants-Appellees’ Answering Brief on Appeal
- Plaintiff-Appellant’s Reply Brief on Appeal
- Court’s Opinion Affirming Dismissal
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Koontz v. Watson, Commissioner of Education, 283 F. Supp. 3d 1007 (D. Kan. 2018). The lawsuit challenges Kansas Anti-BDS Law on First Amendment free speech grounds. The Federal District Court, on 30 Jan 2018, issued a preliminary injunction against the applying the law. The plaintiff filed a motion for summary judgment, but the Kansas Attorney General worked with the state legislature to amend the law, narrowing its coverage. On the basis of the amended law, the plaintiff agreed to a dismissal of the case.
Ali v. Hogan, et al., 19-cv-00078 (D. Maryland, filed 9 Jan 2019). Lawsuit challenged, on First Amendment grounds, the Anti-BDS Executive Order issued by the Governor of Maryland. After the original complaint was dismissed, plaintiffs filed an amended complaint. On 26 Oct 2020, a second round of motions to dismiss the lawsuit was also granted by the court. The ruling has been appealed.
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- Complaint
- Motion to Dismiss by Governer
- Motion to Dismiss by State Attorney General
- Memorandum in Opposition to Motions to Dismiss
- Governor’s Reply in Support of Motion to Dismiss
- Attorney General’s Reply in Support of Motion to Dismiss
- Court’s Decision Dismissing Case with Leave to File Amended Complaint
- First Amended Complaint
- Memorandum in Support of Governor’s Motion to Dismiss Amended Complaint
- Memorandum in Support of Attorney General’s Motion to Dismiss Amended Complaint
- Memorandum in Opposition to Motions to Dismiss
- Governor’s Reply in Support of Motion to Dismiss
- Court’s Order and Memorandum Decision Dismissing Case
- Plaintiff-Appellant’s Main Brief on Appeal
- Defendants-Appellees’ Answering Brief on Appeal
- Plaintiff-Appellant’s Reply Brief on Appeal
- Oral Argument – Fourth Circuit – 7 Dec 2021
- Court of Appeals Affirms Dismissal, Without Prejudice
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Texas’ Anti-BDS law has been the subject of four court challenges. Abdullah and A & R Engineering were dismissed for lack of standing. Amawi and Pluecker were dismissed as moot.
1. Haseeb Abdullah v. Ken Paxton, et al., 20-cv–1245 (W.D. Tex., filed 23 Dec 2020). Plaintiff, a beneficiary of the State Employee Retirement System, alleged that his constitutional rights were violated by the Texas law which requires the retirement system to divest fund assets from companies that boycott Israel as long as such divestment can be accomplished without harming the fund’s value. The Fifth Circuit Court of Appeals affirmed the lower court’s dismissal of the lawsuit for lack of standing.
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- Complaint
- Defendants’ Amended Motion to Dismiss
- Plaintiff’s Amended Response in Opposition to Motion to Dismiss
- Defendants’ Reply in Support of Motion to Dismiss
- Magistrate’s Report and Recommendation
- Plaintiff’s Objections to Report and Recommendation
- Court’s Order Granting Motion and Dismissing Case
- Plaintiff-Appellant’s Brief on Appeal
- Defendants-Appellees’ Answering Brief on Appeal
- Plaintiff-Appellant’s Reply Brief on Appeal
- Oral Argument – Fifth Circuit – 9 Mar 2023
- Opinion of Court Rejecting Appeal
- Petition for Writ of Certiorari
- Respondents’ Waiver of Right to File Response
- Petition for Writ of Certiorari Denied
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2. A & R Engineering and Testing, Inc. v. City of Houston, et al., 21-cv-03577 (S.D. Tex., filed 29 Oct 2021). This case, as did the two Texas lawsuits below, challenged the Texas law on First Amendment grounds. Plaintiff’s motion for a preliminary junction was granted on 28 Jan 2022. The Fifth Circuit Court of Appeals, having concluded that the plaintiff lacked standing, remanded the case to the lower court with instructions to vacate the preliminary injunction and dismiss the matter.
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- Complaint
- Plaintiff’s Motion for Preliminary Injunction
- Response to Motion by Defendant City of Houston
- Response to Motion by Defendant Ken Paxton
- Plaintiff’s Reply in Support of Motion
- Motion to Dismiss by Ken Paxton
- Plaintiff’s Opposition to Motion to Dismiss
- Reply by Ken Paxton in Support of Motion to Dismiss
- Court’s Order (Opinion)
- Court’s Order on Temporary Injunction
- Defendant-Appellant Ken Paxton’s Brief on Appeal
- Plaintiff-Appellee’s Answering Brief
- Defendant-Appellant’s Reply Brief
- Oral Argument – Fifth Circuit – 7 Nov 2022
- Court’s Ruling Ordering Vacature and Dismissal
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3 & 4. Amawi v. Pflugerville Independent School District, et al., 18-cv-01091 (W.D. Tex., filed 16 Dec 2018); and Pluecker, et al. v. Paxton, et al., 18-cv-01100 (W.D. Tex., filed 18 Dec 2018). The two cases, involving identical challenges to the Texas Anti-BDS Law on First Amendment grounds, were been consolidated by court order on 15 Jan 2019, with the Amawi case designated as the lead case. Motions for a preliminary injunction were granted on 25 Apr 2019, and defendants appealed to the Fifth Circuit Court of Appeals. In the interim, Texas amended its anti-BDS statute and moved to dismiss the lawsuit as moot. The motion was denied but the Court of Appeals stayed the lower court’s injunction pending appeal. Subsequently, the Court of Appeals issued a decision ordering the lawsuit dismissed as moot. Nevertheless, plaintiffs sought attorneys’ fees. The lower court awarded $341,515, but the Fifth Circuit reversed.
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- Amawi Complaint
- Pluecker Complaint
- Amawi Motion for Preliminary Injunction
- Amawi Memorandum in Support of Preliminary Injunction Motion
- Pluecker Motion for Preliminary Injunction
- Pluecker Memorandum in Support of Preliminary Injunction Motion
- Court Order Consolidating the Two Cases
- Defendant Paxton’s Response to the Motions for Preliminary Injunction
- Court Order Granting Preliminary Injunction, 373 F.Supp.3d 717 (2019)
- Defendant Paxton’s Motion to Dismiss the Case as Moot
- Plaintiff Amawi’s Opposition to Motion to Dismiss for Mootness
- Court Order Denying Motion to Dismiss
- Court Order Granting Stay of Injunction Pending Appeal
- Appellant-State’s Opening Brief on Appeal
- Appellants-School Districts’ Opening Brief on Appeal
- Appellee-Amawi’s Answering Brief on Appeal
- Appellees-Others’ Answering Brief on Appeal
- Appellant-State’s Reply Brief on Appeal
- Appellants-School Districts’ Reply Brief on Appeal
- Court Ruling Ordering Dismissal of Case
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United States – Lawsuits Against Internet Platforms
Airbnb – California
Harow, et al. v. Airbnb, Inc., 19-cv-00395 (N.D. Cal. filed 22 Jan 2019). Plaintiffs claim discrimination by Airbnb for its decision to remove from its website rental listings for Jewish-owned accommodations in Judea and Samaria. The lawsuit is based on (1) the federal Fair Housing Act, (2) the California Fair Employment and Housing Act, (3) California’s Unruh Civil Rights Act, and (4) California Unfair Competition Law. The lawsuit was settled and discontinued on 30 Apr 2019, after Airbnb’s agreement to list all accommodations in Judea and Samaria, including those in Jewish communities.
Airbnb – Delaware
Silber, et al. v. Airbnb, Inc., 18-cv-01884 (D. Del., filed 28 Nov 2018). The plaintiffs claim religious discrimination by Airbnb for its decision to remove from its website rental listings for Jewish-owned accommodations in Judea and Samaria. The lawsuit is based on the provisions of the federal Fair Housing Act. The lawsuit was settled and discontinued on 10 Apr 2019, upon Airbnb’s agreeing to list all accommodations in Judea and Samaria, including those in Jewish communities. Prior to the stipulated dismissal there was a motion to intervene. After the stipulated dismissal the proposed intervenors filed a motion to proceed with the claims. However, since the motion to intervene was not decided before the dismissal, there was no longer a case in which the proposed intervenors could intervene. Therefore, the court dismissed both the motion to intervene and the motion to proceed.
United States – Other Litigation
Boycott by Ben & Jerry’s – Unilever
Zinger, et al. v. Ben & Jerry’s Homemade, Inc., et al., 22-cv-01154 (D.N.J., filed 3 Mar 2022). This is action was brought in response to Ben & Jerry’s signing on to the BDS boycott of Israel. The lawsuit sought to declare unlawful and prohibit the termination of a license agreement under which the plaintiffs manufactured and distributed Ben & Jerry’s ice cream products in Israel for more than 3 decades. Plaintiffs alleged that the only reason defendants Ben & Jerry’s Homemade, Inc. and Unilever ended the Agreement was Plaintiffs’ refusal to comply with the unlawful demand that Plaintiffs violate Israeli law by boycotting parts of Israel. Plaintiffs further claimed that the demand was a violation by defendants of Israeli law, U.S. anti-boycott policy, and the laws and policies of many states in the United States. In addition, plaintiffs claimed that the demand violated terms of the license agreement itself as well as the Consent Decree required by the Israeli Government Competition Authority as a condition of its approval of the merger between Ben & Jerry’s and Unilever. On 29 Jun 2022 the parties announced that the case had been settled and was discontinued. Ben & Jerry’s followed with a lawsuit against their parent company, Unilever, seeking to overturn the settlement (see, Ben & Jerry’s Homemade Inc. v. Conopco Inc., below). (related actions, correspondence, and analysis)
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- Complaint
- Plaintiffs’ Motion for Preliminary Injunction
- Defendants’ Memorandum of Law in Opposition to Motion
- Plaintiffs’ Reply in Support of Motion for Preliminary Injunction
- Defendants’ Motion to Dismiss
- Plaintiffs’ Memorandum of Law in Opposition to Motion to Dismiss
- So Ordered Stipulation of Dismissal
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Ben & Jerry’s Homemade Inc. v. Conopco Inc., 22-cv-05681 (S.D.N.Y., filed 5 Jul 2022). Ben & Jerry’s sues, seeking to overturn the settlement, claiming that it violates its merger agreement with Unilever. The Court denied Ben & Jerry’s request for a temporary restraining order and the mediation agreed to by the parties was unsuccessful. The court subsequently denied Ben & Jerry’s motion for a preliminary injunction, ruling that there was no showing of irreparable harm. Ben & Jerry’s then filed an amended complaint and the defendants moved to dismiss. However, the litigation ended with a voluntary dismissal by the plaintiffs, with prejudice.
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- Complaint
- Plaintiff’s’ Memorandum in Support of Request for TRO
- Court’s Denial of a Temporary Restraining Order
- Defendant’s Memorandum of Law in Opposition to Motion for Preliminary Injunction
- Plaintiff’s Reply Memorandum of Law in Support
- Mediation Stipulation
- Notices from Parties on Mediation Failure
- Court’s Order Denying Motion for Preliminary Injunction
- Amended Complaint
- Defendants’ Motion to Dismiss Amended Complaint
- Notice of Voluntary Dismissal with Prejudice
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Academic Boycott – American Studies Association
Bronner, et al. v. Duggan, et al., 16-cv-00740 (D.D.C., filed 20 Apr 2016). This lawsuit claims breaches by individuals who are alleged to have gained and abused positions of trust within the American Studies Association through deception and misrepresentation, aided and assisted by a pro-Palestinian group that seeks to de-legitimize the State of Israel. The defendants are alleged to have misappropriated the assets, both monetary and reputational, of the American Studies Association to further their agenda to promote an academic boycott of Israel – an agenda contrary to the apolitical mission and scholarly purpose of the American Studies Association. The case has been procedurally complex, with motion practice resulting in a number of memorandum decisions by the court. The docket can be viewed and motion documents downloaded at the Court Listener website. The case was dismissed without prejudice on 4 Feb 2019. That determination has been affirmed by the D.C. Circuit Court of Appeals.
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- Complaint
- First Amended Complaint
- Order Granting in Part Motion to Dismiss, 249 F. Supp. 3d 27 (D.D.C. 2017)
- Order Granting Motion to File Second Amended Complaint, 324 F.R.D. 285 (D.D.C. 2018)
- Second Amended Complaint
- Order Confirming Subject Matter Jurisdiction, 317 F.Supp.3d 284 (D.D.C. 2018)
- Order Granting Defendants’ Motions to Dismiss, 4 Feb 2019
- Defendants-Appellees’ Motion for Summary Affirmance on Appeal
- Plaintiffs-Appellants’ Opposition to Motion for Summary Affirmance
- Defendants-Appellees’ Reply in Support of Motion
- Court Order Denying Motion for Summary Affirmance
- Appellants’ Opening Brief on Appeal
- Appellee ASA’s Answering Brief on Appeal
- Appellees Kauanui and Puar’s Answering Brief on Appeal
- Appellee Salaita’s Answering Brief on Appeal
- Appellant’s Reply Brief on Appeal
- Opinion of the Court of Appeal Affirming Decision Below
- Order Denying Petition for Rehearing En Banc, 6 Aug 2020
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Bronner, et al. v. Duggan, et al., 2019 CA 001712 B (D.C. Sup. Ct, filed 15 Mar 2019). This lawsuit brings all of the claims that were pending in the Federal lawsuit immediately prior to the court’s dismissal in February, 2019. It also brings new claims specific to Plaintiff Simon Bronner, who alleges that the defendants wrongfully removed him as editor of the Encyclopedia of American Studies, ex officio officer of the ASA, and member of the ASA National Council. The complaint further alleges that Defendants breached their fiduciary duties to Plaintiff Brunner, the ASA, and its members in various respects. The lower court denied defendants’ motions to dismiss. On appeal of the denial, the District of Columbia Court of Appeals remanded to the lower court for procedural reasons. In an order issued on 1 Mar 2023, the lower court granted for the most part motions by various defendants to dismiss the lawsuit. Plaintiffs appealed and the case is currently pending after oral argument.
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- Complaint
- Defendants’ Motions to Dismiss
- Plaintiffs’ Opposition to Motions to Dismiss
- Defendants’ Replies in Support of the Motions to Dismiss
- Plaintiffs’ Opposition to Special Motions to Dismiss
- Court’s Amended Order Dismissing in Part
- Defendants’ Notice of Appeal
- Defendants’ Answer to Complaint
- Defendants-Appellants’ Opening Brief on Appeal
- Plaintiffs-Appellees’ Answering Brief on Appeal
- Defendants-Appellants’ Reply Brief on Appeal
- Remand by the Court of Appeals
- Court Order Granting Motions to Dismiss in Part
- Plaintiffs-Appellants’ Brief on Appeal
- Defendant-Appellee Salaita’s Answering Brief on Appeal
- Defendant-Appellees ASA, etc., Answering Brief on Appeal
- Defendant-Appellees Kauanui and Puar’s Answering Brief on Appeal
- Plaintiff-Appellants’s Reply Brief on Appeal
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Food Co-op Boycott – Tacoma, Washington
Davis v. Cox, 351 P.3d 862, 183 Wn.2d 269 (Wash. May, 2015). Members of a local food co-op sued the co-op seeking to overturn the co-op’s adoption of a boycott against Israeli-produced goods, arguing that the board of directors failed to follow the co-op’s governing rules, procedures, and principles. The co-op moved to dismiss the lawsuit on procedural grounds pursuant to the state’s Anti-SLAPP Act. The Washington Supreme Court reversed the decision of the Court of Appeals, held the Act to be unconstitutional, and remanded the case back to the Superior Court for further proceedings. On 9 Mar 2018, the Superior Court dismissed the case on procedural grounds. On 19 Feb 2020, the Court of Appeals affirmed the dismissal, concluding that plaintiffs lacked standing due to changed circumstances.
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- May, 2011 Letter to Coop Board
- Complaint
- Oral Decision of Superior Court Dismissing Case
- Decision of the Court of Appeals Affirming Lower Court
- Decision of the Supreme Court Reversing Rulings of Lower Courts
- Amended Complaint
- Oral Decision of Superior Court Dismissing Remanded Case
- Plaintiff’s Appellate Brief to the Court of Appeals
- Defendant’s Brief in Opposition to the Appeal
- Plaintiff’s Reply Brief to the Court of Appeals
- Decision of Court of Appeals Affirming Dismissal
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Oral argument before the Supreme Court in 2015 is archived on the TVW” website. Note that the video may not play in certain browsers without first disabling protection.
Lawyer’s Organization Rejects Non-Political Dinner Program Ad from Israeli Organization
Biotechnical Atheneum v. National Lawyers Guild, Inc., et al., Index No. 653668/2016 (N.Y. Sup.Ct., NY Co., filed 13 Jul 2016). Plaintiff—an organization incorporated in Israel and authorized to do business in New York—attempted in June 2016 to place an ad in the dinner journal for the NLG’s Annual Banquet. The NLG refused to accept the ad and refunded the $200 payment, stating: “Unfortunately, we have a resolution barring us from accepting funds from Israeli organizations.” As a result, plaintiff sued, seeking injunctive relief based upon the New York City and New York State Human Rights Laws. Plaintiff’s motion for summary judgment was denied on 29 Jan 2019. After continuing litigation, a stipulation and consent judgment was agreed to on 19 May 2020, with plaintiff achieving many of its aims in bringing the lawsuit.
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- Summons and Complaint
- Decision and Order Denying First Motion to Dismiss
- Amended Complaint
- Decision and Order Denying Second Motion to Dismiss
- Motion for Partial Summary Judgment
- Memorandum in Support of Motion for Summary Judgment
- Memorandum in Opposition to Motion for Summary Judgment
- Reply Memorandum in Support of Motion for Summary Judgment
- Decision and Order Denying Motion for Partial Summary Judgment
- Stipulation and Consent Judgment
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Europe
Organisation juive européenne, Vignoble Psagot Ltd v. Ministre de l’Economie et des Finances, Case C-363/18 (Eur. Ct. of Justice, 12 Nov 2019). The court ruled, based on European Union directives concerning protection of health for consumers, and the Union Customs Code, that foodstuffs originating in Judea and Samaria must bear the indication of their territory of origin, when those foodstuffs come from an Israeli community within that territory.
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- Request for a preliminary ruling
- Opinion of Advocate General English French Press Release
- Judgment of the Court English French Press Release
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This ruling has been sharply criticized as discriminatory and unjustified.
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- It is unjustifiably based on a claim that Jewish communities in Judea and Samaria are illegal.
— Revised Position of the United States on Jewish Communities in Judea and Samaria
— European Court’s Interpretation Is Seriously Flawed
— Palestine, Uti Possidetis Juris and the Borders of Israel
— More on the Status of Judea and Samaria [forthcoming] - Even were Israel to be considered an “illegal occupier”, the ruling singles out Israel from other countries which “illegally occupy” territories, such as Turkey (Northern Cyprus), and Morocco (Western Sahara).
— Trump Administration Will Fight European Mandate
— Dutch Parliament’s Resolution Rejecting the Court’s Ruling as Discriminatory
Joods.nl The Times of Israel
— The European Union Labels Itself Biased
— Unsettled: A Global Study Of Settlements In Occupied Territories - The ignored connection between BDS and the labeling regulations
— The EU’s Embarrassing Little Secret in Labeling Israeli Products
- It is unjustifiably based on a claim that Jewish communities in Judea and Samaria are illegal.
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Canada
Kattenburg v. Attorney General of Canada, 2019 FC 1003 (Fed. Ct. Ont., July 29, 2019). The Federal Court of Canada ruled that ‘Product of Israel’ labels on Psagot wines produced in communities in Judea and Samaria are “false, misleading and deceptive.” On appeal, the Federal Court of Appeal, on 5 May 2021, held that the lower court improperly substituted its interpretation of the relevant legislation, vacated the lower court’s ruling, and sent the case back to the administrative agency for further proceedings.
On 13 May 2022, the administrative agency issued a redetermination. Although not definitive on what must be stated on the labels for the wine, it appears that the labels may state “Product of Israel” along with “clarifying information”. What that information might be is not described. The redetermination leaves open the possibility of further proceedings.