Lawfare Project Achieves Victory Against National Lawyers Guild, in Case Alleging Commercial Discrimination Against Israelis

Press Release – For Immediate Release

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Nathan Miller or Ilana Blum
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Supreme Court of State of New York rejects motion to dismiss, moves case forward to discovery phase

NEW YORK, NY—Last Friday, the Supreme Court of the State of New York rejected the National Lawyers Guild’s (NLG) second motion to dismiss a lawsuit filed against them by plaintiff Bibliotechnical Athenaeum, an Israeli organization, represented by The Lawfare Project, a legal think tank and litigation fund. Bibliotechnical initially filed suit after the Guild rejected its paid ad, submitted for inclusion in NLG’s annual banquet “Dinner Journal”. According to NLG’s National Office, the rejection was based on an organizational “resolution barring [NLG] from accepting funds from Israeli organizations.” The complaint therefore alleged that this rejection represented illegal discrimination against the plaintiff purely on the basis of national origin.

The lawsuit broke legal ground by arguing that New York City and State Human Rights Laws, specifically their anti-boycott provisions, prohibit BDS-motivated commercial discrimination. After rejecting the second motion to dismiss, the Court set a meeting of the parties for March 26, 2018, at which time the case will move into the discovery phase.

“We are pleased with the Court’s well-reasoned and just decision to deny the National Lawyers Guild’s motion to dismiss and allow this case to proceed,” said The Lawfare Project’s Chief Operating Officer, Benjamin Ryberg, who is acting as lead counsel in this suit. “The discriminatory motivation behind their rejection of our client’s advertisement could not have been made clearer by the Guild’s National Office.”

“It is heartening that the Court recognizes the strength of this case and the frivolity of NLG’s arguments,” added David Abrams, Bibliotechnical’s principal officer and a lawyer with the Zionist Advocacy Center. “I am confident that the Court will enforce New York’s anti-discrimination laws fairly to protect persons and entities of all national origins.”

About The Lawfare Project: Headquartered in New York, The Lawfare Project, a 501(c)(3) non-profit organization, is a legal think tank and litigation fund committed to protecting the civil and human rights of the pro-Israel and Jewish communities in the U.S. and abroad. To learn more, please visit http://www.thelawfareproject.org