Civil Litigation
Sep. 12, 2019
Can courts confirm awards by religious courts that conflict with secular law?
The issue of this article is whether rulings of the batte din applying Jewish law can be confirmed without violating modern laws on economic competition, namely antitrust laws.
Joshua J. Borger
Partner
Berliner Cohen LLP
Email: joshua.borger@berliner.com
Boston College Law School; Newton MA
Josh practices commercial and civil litigation in a variety of areas, including unfair business practices, breach of contract, trademarks, trade secrets, fraud, employment, insurance coverage and litigation, Proposition 65, and general business litigation. In addition to his litigation work, Josh represents companies in nonlitigation matters, including employment matters and licensing agreements.
Subject to certain exceptions, Orthodox Jews, as with the orthodox of many religions, are required by their laws to submit their financial disputes to a religious court, known as a beit din (which translates to "House of Judgment"). The ...
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