The Firm track record

legal precedents and innovative judgments

17.10.2012

C.L.A [Class Action] 20119-08-11 Sulami Lavie Law firm et al vs. Delek the Israeli Fuel Company Ltd.

A ruling of the District Court regarding the transfer of a class action pursuant to section 7(a) of the class action law – the Tel-Aviv District Court approved the firm’s motion to transfer the request to approve a class action to the Central District Court in which similar class actions against other fuel companies were being held.

5.8.2012

C.C (TA) Shacham Ravitzky et al vs. Daniel et al

A verdict of the Magistrate Court in Tel-Aviv invalidating recordings and transcripts as evidence due to their forgery – the court accepted our request to extract recordings and transcripts from the court file due to their forgery by a person who posed as a private investigator.

17.6.2012

C.C (TA) 1936/06 Eliaz Zimmerman vs. Mizrahi Tefahot Bank Ltd.

District Court verdict validating a settlement agreement in a class action after it had been approved as a class action – the court validated a settlement agreement in a class action which our firm represented, after the request for its approval had been accepted, in respect of the manner of calculation of management fees for the securities deposit (overcharging the minimum quarterly fees).

27.4.2012

C.C (Center) 20528-01-12 Merhav MNF Ltd et al vs. Daniel Harpaz

A judgment of the District Court on applying the protections provided by the Defamation Law upon a claim that was filed on grounds of negligence – the District Court approved the motion to dismiss a claim in limine on behalf of the firm’s client, determining that a claim filed against a client of the firm on grounds of negligence in an expert opinion the client submitted in a lawsuit between Yossi Meiman and Nimrod Novik, should be dismissed since the protections provided by the Defamation Law apply here, even if the cause of action is negligence.

26.1.2012

C.A 5340/10 Director Mark Abu vs. Adv. Guy Noff

A Supreme Court judgment regarding the rights of a director to review a company’s documents pursuant to section 265(a) of the Companies Law – The court accepted the position of our firm’s client, who is a shareholder of a company and the position of the director he appointed, regarding his director’s right to receive documents and information from the company, while rejecting claims that the right to review should be prevented under the circumstances.

10.11.2011

C.C (TA) 1936/06 Eliaz Zimmerman vs. Mizrahi Tefahot Bank Ltd.

District Court approving a motion to file a class action – the court approved the filing of a class action which our firm represented, in respect of overcharging management fees for securities deposits, on behalf of all customers of the bank who held a securities deposit in the seven years preceding the submission of the motion, and in which the bank overcharged for the fees.

30.8.2011

O.M [Originating Motion] (Haifa) 11481-01-09 Erez Cochva vs. Cidav Printed Circuits Ltd.

A District Court judgment regarding the violation of a company shareholder’s right of first refusal – the District Court accepted the claim of the firm’s client and determined that his right of first refusal, granted to him by the company bylaws, was indeed violated, and instructed that he retains the right to exercise his right of first refusal.

11.8.2011

C.A 7750/10 Miriam Ben Giat vs. Hachsharat Hayishuv Insurance Ltd.

A Supreme Court judgment known as the Ben Giat precedent – The court accepted the appeal of the firm’s client and overturned the District Court’s verdict by stating that the appellant’s rights to half an apartment should be recognized under the rule of sharing, even though the apartment was not registered in her name, and that in the contest between the appellant’s right under the sharing rule and the respondent’s right by virtue of the mortgage that was registered in its name upon all rights of ownership of the apartment – the appellant had the upper hand. The court based its conclusions, inter alia, upon the fact that the respondent had acted in bad faith expressed by the fact that it had not acted as a professional creditor, did not examine the mortgaged property, or the signature of the appellant, who was the borrower’s wife at the time, upon her consent to register a mortgage on the apartment.

This is a significant verdict that provided guidelines on matters of property, banking and the sharing rule between spouses, and is cited by many later verdicts.

17.7.2011

C.A 8758/09 Eliyahu Yehoshua vs. Adv. Sinay Elias, liquidator of A. Pasha Wholesale Fruits and Vegetables Ltd.

A Supreme Court verdict on the subject of charging a shareholder of a company with all of the company’s debts – the Supreme Court, in an appeal on the District Court’s ruling, authorized the personal liability of the company’s shareholder and manager for the debt towards the company’s main creditor by virtue of section 373 of the Companies Ordinance, and invalidated his personal liability for debts that had not been proven to exist.