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The us-Israel legal review 2023

Welcome to the 5th edition of The US-Israel Legal Review. As our front cover headline encapsulates, Israel is currently undergoing unprecedented… ....

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Class action for bodily injury due to environmental pollution

The Citizens for the Environment, a non-profit organisation, filed a claim and a motion to certify the claim as a class action against 30 plants in the Haifa Bay region, arguing that the plants polluted the environment and caused bodily injuries to the class members who were exposed to the hazardous materials which the plants emitted.(1)
Facts
The Haifa Bay area has lots of business activity, including industrial plants engaged in the chemical, petrochemical and energy industries (conducting activities such as storage and transport), which allegedly emit various materials – including contaminating and hazardous substances – into the air.
In recent decades, the authorities supervisory powers and relevant legislation have been enhanced by laws and regulations against pollution which may cause interference or damage to humans in the surrounding areas. In 2008 the Clean Air Law was passed, imposing limitations on contaminating activities, licensing duties and the moni ....

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Statutory damages under Aviation Services Law cannot be claimed in class actions

Introduction
In August 2020 the Central District Court dismissed several requests for the certification of various class actions which had been filed against different airlines on the basis that statutory damages under the Israeli Aviation Services Law (ASL) (Compensation and Assistance for Flight Cancellation or Change of Conditions) 2012(1) cannot be claimed in class actions.
In all of the class action requests, similar responses were raised by the airlines. The main argument was that according to the Class Action Law 2016, the court cannot award compensation where proof of damage is not required.
Preliminary motions
In some of the cases, the airlines filed a preliminary motion to dismiss the certification motion prior to filing a response to the merits. In some cases, this preliminary argument was raised within the response. ....

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