WASHINGTON (AP)
A federal judge ordered Russia on Thursday to preserve sacred religious documents that members of a Hasidic Jewish movement fear could be headed to the black market.
U.S. District Judge Royce Lamberth issued a restraining order telling Russia to protect the documents and return any that may already have been removed from the Russian State Military Archives.
The order comes in a lawsuit filed by members of Chabad-Lubavitch, which follows the teachings of Eastern European rabbis and emphasizes the study of the Torah. The group is suing Russia in U.S. court to recover thousands of manuscripts, prayers, lectures and philosophical discourses by leading rabbis dating back to the 18th century.
An attorney for the movement, Nathan Lewin, told the judge Thursday that during a visit to Israel last month he learned that pages from the handwritten archive were shown to an expert in Jerusalem. The expert, a former university librarian, had been asked to confirm the documents' authenticity and was led to believe that they were going to be offered for sale.
The entire collection, which Chabad says totals 12,000 books and 50,000 rare documents, is being held in the Russian State Military Archives. Lewin said Chabad fears the documents are not being properly cared for and could end up missing.
The collection was formerly held by Rabbi Joseph Isaac Schneersohn, a leader of Chabad-Lubavitch who was born in Russia but forced by the Soviets to leave in 1927. He took the documents to Latvia and later Poland, but left them behind when the Nazis invaded and he fled to the U.S. The collection was seized and taken to Germany, then recovered by the Soviet Army in 1945.
Lewin asked Lamberth to order Russia to allow a delegation from Chabad to inspect the collection at the Russian library and ensure that they are being properly secured.
Lamberth also warned Russia that the government faces a default ruling in the case if it does not get new lawyers to represent them in the U.S. court.
The law firm representing Russia has asked to withdraw from the case because they say their client has not paid hundreds of thousands of dollars in legal bills and no longer communicates with them.
The law firm says government representatives have refused to take their calls, respond to memos about the case or see an attorney who traveled to Moscow for a face-to-face meeting. Attorneys for Russia said they did not know whether any documents were removed from the collection since the Russian government is not talking to them.
Lamberth told Chabad that he did not think that he could order a sovereign government like Russia to accept foreigners into the country and encouraged them to explore other methods of reviewing the collection, such as hiring attorneys already in Moscow.
Lamberth agreed to take the case in U.S. court because he said both the Nazi seizure and the Russian government's appropriation of the archives violated international law.
Members of Chabad also say that they are asking the Obama administration to intervene to get the documents returned.
Showing posts with label federal court. Show all posts
Showing posts with label federal court. Show all posts
Sunday, January 25, 2009
Squires Sanders Seeks to Withdraw as Counsel to Russia in Sacred Jewish Text Case
By Andrew Longstreth
January 22, 2009
Last June, we reported on a case filed against the Russian Federation by members of Chabad-Lubavitch, an Orthodox Jewish movement that seeks to reclaim sacred religious texts allegedly stolen by Russia's government. After a D.C. federal district court judge dismissed some of Chabad's claims, the Court of Appeals for the D.C. Circuit reinstated them, allowing the case to move forward.
But since then, things apparently have not gone so well between Russia and its lawyers at Squire, Sanders & Dempsey. Last week, the firm filed a motion requesting to withdraw as Russia's counsel in the case. Squire Sanders lawyers cite a "breakdown in communications" with their client, alleging that the Russians repeatedly ignored their request for instructions in how to proceed. They also say they haven't been paid, and claim that Russia has been in default on its legal bills since April 2008. (Their papers don't say by how much.) A Squire Sanders spokesperson declined comment to the Litigation Daily.
The case, meanwhile, continues. On Thursday, Washington, D.C., federal district court judge Royce Lamberth indicated he would grant a temporary restraining order requested by the plaintiffs, who had alleged that Russia planned to sell some of the sacred texts at issue in Israel. According to the AP, Judge Lamberth said he would order Russia to protect and retrieve any documents that may have been removed from the Russian State Military Archives.
The plaintiffs in the case are represented by Nathan Lewin of Lewin & Lewin. Lawyers from Bingham McCutchen and Howrey are also working on the case with Lewin.
January 22, 2009
Last June, we reported on a case filed against the Russian Federation by members of Chabad-Lubavitch, an Orthodox Jewish movement that seeks to reclaim sacred religious texts allegedly stolen by Russia's government. After a D.C. federal district court judge dismissed some of Chabad's claims, the Court of Appeals for the D.C. Circuit reinstated them, allowing the case to move forward.
But since then, things apparently have not gone so well between Russia and its lawyers at Squire, Sanders & Dempsey. Last week, the firm filed a motion requesting to withdraw as Russia's counsel in the case. Squire Sanders lawyers cite a "breakdown in communications" with their client, alleging that the Russians repeatedly ignored their request for instructions in how to proceed. They also say they haven't been paid, and claim that Russia has been in default on its legal bills since April 2008. (Their papers don't say by how much.) A Squire Sanders spokesperson declined comment to the Litigation Daily.
The case, meanwhile, continues. On Thursday, Washington, D.C., federal district court judge Royce Lamberth indicated he would grant a temporary restraining order requested by the plaintiffs, who had alleged that Russia planned to sell some of the sacred texts at issue in Israel. According to the AP, Judge Lamberth said he would order Russia to protect and retrieve any documents that may have been removed from the Russian State Military Archives.
The plaintiffs in the case are represented by Nathan Lewin of Lewin & Lewin. Lawyers from Bingham McCutchen and Howrey are also working on the case with Lewin.
Russians ordered to preserve Chabad documents
January 22, 2009
NEW YORK (JTA)
A federal judge ordered Russia to preserve historic documents sought by members of the Chabad-Lubavitch movement.
U.S. District Judge Royce Lamberth said Thursday he will order Russia to preserve the documents and return any that already may have been removed from state archives, The Associated Press reported.
Chabad is suing Russia to recover thousands of books and documents that belonged to the late Rabbi Joseph Isaac Schneersohn, the father-in-law of the last Chabad leader, Menachem Mendel Schneerson, who died in 1994.
The judge also warned Russia that it could face a default ruling in the case if does not bring in new lawyers. Russia's current firm asked to withdraw from the case, saying that the government has failed to pay hundreds of thousands of dollars in legal bills.
NEW YORK (JTA)
A federal judge ordered Russia to preserve historic documents sought by members of the Chabad-Lubavitch movement.
U.S. District Judge Royce Lamberth said Thursday he will order Russia to preserve the documents and return any that already may have been removed from state archives, The Associated Press reported.
Chabad is suing Russia to recover thousands of books and documents that belonged to the late Rabbi Joseph Isaac Schneersohn, the father-in-law of the last Chabad leader, Menachem Mendel Schneerson, who died in 1994.
The judge also warned Russia that it could face a default ruling in the case if does not bring in new lawyers. Russia's current firm asked to withdraw from the case, saying that the government has failed to pay hundreds of thousands of dollars in legal bills.
Monday, June 16, 2008
Chabad Wins Appeal Against the Russian Federation in the U.S. Court of Appeals for the D.C. Circuit
Landmark Ruling Clears Way for Chabad to Pursue Recovering Archive of Sacred Books Stolen by Nazis During World War II, Soviet Red Army in U.S. Courts WASHINGTON, June 13
WASHINGTON, June 13 /PRNewswire/ -- In a landmark ruling today, the U.S.
Court of Appeals for the District of Columbia Circuit held that Agudas
Chasidei Chabad of United States (Chabad) may pursue its claims in a U.S.
federal court against the Russian Federation, the Russian Ministry of Culture
and Mass Communication, the Russian State Library, and the Russian State
Military Archive to recover a collection of sacred religious books and
archives.
The D.C. Circuit held that a U.S. federal court has jurisdiction over
Chabad's claims to recover an archive of sacred books and manuscripts which
were stolen by the Nazis during World War II and then taken by the Soviet Red
Army to Moscow in 1945 in violation of international law. In addition, the
D.C. Circuit cleared the way for Chabad to pursue its claims against the
Russian Federation to recover a library of sacred, irreplaceable religious
books which were seized by the Soviets during the Bolshevik Revolution and
then retaken by the newly formed Russian Federation in 1992 after the collapse
of the Soviet Union.
"This is a landmark ruling," said Marshall Grossman, a partner in Bingham
McCutchen's Santa Monica office, who represents Chabad with Bingham partners
Seth Gerber in Santa Monica and David Salmons in Washington, D.C. "We hope and
pray that the Russian government will respect it."
In addition to the Bingham team, Chabad is represented by Washington
attorneys Nathan Lewin and Alyza D. Lewin of Lewin & Lewin, LLP, and Wm.
Bradford Reynolds of Howrey, LLP.
"The Court of Appeals' decision clears the way for the Russian government
to correct a historic wrong that its predecessors have committed against the
Jewish community. We can only hope that the current Russian authorities will
now fulfill the assurances that were made to Chabad representatives and to
United States officials after the Soviet state was replaced with the Russian
Federation. It should not be necessary to engage in extended litigation for
the Chabad community, headquartered today in the United States, to recover
what rightfully belongs to it," added Nathan Lewin.
"This is a historic victory for the Rebbe and for all people of faith and
freedom. These sacred books and manuscripts contain the souls of our Rebbes,
and of their countless followers who were persecuted and murdered by the Nazi
and Soviet regimes. We hope and pray the Russian government of today will now
fulfill its moral and legal obligations to return these sacred texts, " said
Rabbi Boruch Shlomo Eliyohu Cunin of Agudas Chasidei Chabad.
Chabad is headquartered in Brooklyn, N.Y., with more than 3,000
international branches; it is the largest Jewish organization in the world
today. On November 9, 2004, Chabad filed its lawsuit against the Russian
Federation, the Russian Ministry of Culture and Mass Communication, the
Russian State Library, and the Russian State Military Archive, asserting
violations of international law and seeking the return of its collection of
sacred, irreplaceable religious books and manuscripts.
Bingham McCutchen LLP -- www.bingham.com -- is a national law firm with
global capabilities, with nearly 1,000 attorneys in 13 offices. The firm
represents clients in cross-border restructurings and insolvencies, high-
stakes litigation, complex financing and regulatory matters, government
affairs, and a wide variety of sophisticated corporate and technology
transactions.
Based in Washington, D.C., Lewin & Lewin LLP specializes in Supreme Court
and federal appellate litigation and is available for consultation by lawyers
and clients in complex criminal and civil matters in federal courts. Lewin &
Lewin also represents clients and assists attorneys in relations with federal
legislative, executive and administrative agencies.
Founded in 1956, Howrey LLP is a global law firm with over 700 attorneys
and more than 50 economic, financial, and regulatory consultants. Howrey has
offices in Washington, D.C.; Northern Virginia; Houston, Texas; New York, New
York; Los Angeles, Irvine, East Palo Alto and San Francisco, California; Salt
Lake City, Utah; Chicago, Illinois; London, England; Brussels, Belgium; Paris,
France; Amsterdam, The Netherlands; Munich, Germany; Madrid, Spain and Taipei,
Taiwan.
SOURCE Bingham McCutchen LLP
WASHINGTON, June 13 /PRNewswire/ -- In a landmark ruling today, the U.S.
Court of Appeals for the District of Columbia Circuit held that Agudas
Chasidei Chabad of United States (Chabad) may pursue its claims in a U.S.
federal court against the Russian Federation, the Russian Ministry of Culture
and Mass Communication, the Russian State Library, and the Russian State
Military Archive to recover a collection of sacred religious books and
archives.
The D.C. Circuit held that a U.S. federal court has jurisdiction over
Chabad's claims to recover an archive of sacred books and manuscripts which
were stolen by the Nazis during World War II and then taken by the Soviet Red
Army to Moscow in 1945 in violation of international law. In addition, the
D.C. Circuit cleared the way for Chabad to pursue its claims against the
Russian Federation to recover a library of sacred, irreplaceable religious
books which were seized by the Soviets during the Bolshevik Revolution and
then retaken by the newly formed Russian Federation in 1992 after the collapse
of the Soviet Union.
"This is a landmark ruling," said Marshall Grossman, a partner in Bingham
McCutchen's Santa Monica office, who represents Chabad with Bingham partners
Seth Gerber in Santa Monica and David Salmons in Washington, D.C. "We hope and
pray that the Russian government will respect it."
In addition to the Bingham team, Chabad is represented by Washington
attorneys Nathan Lewin and Alyza D. Lewin of Lewin & Lewin, LLP, and Wm.
Bradford Reynolds of Howrey, LLP.
"The Court of Appeals' decision clears the way for the Russian government
to correct a historic wrong that its predecessors have committed against the
Jewish community. We can only hope that the current Russian authorities will
now fulfill the assurances that were made to Chabad representatives and to
United States officials after the Soviet state was replaced with the Russian
Federation. It should not be necessary to engage in extended litigation for
the Chabad community, headquartered today in the United States, to recover
what rightfully belongs to it," added Nathan Lewin.
"This is a historic victory for the Rebbe and for all people of faith and
freedom. These sacred books and manuscripts contain the souls of our Rebbes,
and of their countless followers who were persecuted and murdered by the Nazi
and Soviet regimes. We hope and pray the Russian government of today will now
fulfill its moral and legal obligations to return these sacred texts, " said
Rabbi Boruch Shlomo Eliyohu Cunin of Agudas Chasidei Chabad.
Chabad is headquartered in Brooklyn, N.Y., with more than 3,000
international branches; it is the largest Jewish organization in the world
today. On November 9, 2004, Chabad filed its lawsuit against the Russian
Federation, the Russian Ministry of Culture and Mass Communication, the
Russian State Library, and the Russian State Military Archive, asserting
violations of international law and seeking the return of its collection of
sacred, irreplaceable religious books and manuscripts.
Bingham McCutchen LLP -- www.bingham.com -- is a national law firm with
global capabilities, with nearly 1,000 attorneys in 13 offices. The firm
represents clients in cross-border restructurings and insolvencies, high-
stakes litigation, complex financing and regulatory matters, government
affairs, and a wide variety of sophisticated corporate and technology
transactions.
Based in Washington, D.C., Lewin & Lewin LLP specializes in Supreme Court
and federal appellate litigation and is available for consultation by lawyers
and clients in complex criminal and civil matters in federal courts. Lewin &
Lewin also represents clients and assists attorneys in relations with federal
legislative, executive and administrative agencies.
Founded in 1956, Howrey LLP is a global law firm with over 700 attorneys
and more than 50 economic, financial, and regulatory consultants. Howrey has
offices in Washington, D.C.; Northern Virginia; Houston, Texas; New York, New
York; Los Angeles, Irvine, East Palo Alto and San Francisco, California; Salt
Lake City, Utah; Chicago, Illinois; London, England; Brussels, Belgium; Paris,
France; Amsterdam, The Netherlands; Munich, Germany; Madrid, Spain and Taipei,
Taiwan.
SOURCE Bingham McCutchen LLP
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