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Case Summaries
    -- Kashrut -- Commercial

Kashrut -- Commercial

  1. People v. Goldberger, People v. Schwartz

      163 NYS 663 (Sp.Sess. 1916)

    • "Kosher" is part of English language, but even if not, statute would still be valid.
    • Kashrut statute does not invade religious freedom, but rather protects it.
  2. People v. Goldberger

      168 NYS 578 (Sp.Sess. 1916)

    • Display of word "kosher" in window does not imply or require that establishment is exclusively kosher.
  3. People v. Atlas

      170 NYS 834, 183 App.Div. 595 (1 Dept. 1918)

    • Same points as "Goldberger"
    • Kashrut statute is not unduly oppressive because prosecutor must show intent to defraud.
  4. Hygrade Provision Co. v. Sherman

      266 US 497, 69 L Ed 402, 45 S Ct 141 (1925)

    • Regulation of use of the word "kosher" does not violate 14th amendment.
  5. Cohen v. Silver

      277 Mass 230, 178 NE 508 (Supreme Judicial Court, 1931)

    • Member of congregation must conform to canons of Hebrew faith touching that subject if he desires to continue kosher meat business under religious sanction.
    • Member of Jewish congregation undertaking to sell kosher meat implies consent to abide by decisions of religious tribunals and must do so.
  6. People v. Jacob Branfman & Son

      263 NYS 629, 147 Misc 290 (City Court, 1933)

    • "Expose for sale" in kashrut law means "to have in stock" even if not displayed.
  7. S.S. & B. Live Poultry Corp. v. Kashrut Ass'n of Greater NY

      158 Misc. 358, 285 N.Y.S. 879 (Sup. Ct. N.Y. City, 1936)

    • Bet Din had the right to issue an issur against buying chickens from any butcher who did not attach a plumba to his chickens.
  8. People v. Gordon

      14 NYS2d 333, 172 Misc 543 (Sp.Sess. 1939)

    • False representation and intent to defraud are necessary for conviction.
    • A decree adopted by Rabbinical Board of Greater N.Y. requiring that a seal be attached to all kosher meat is incorporated by reference into statute.
    • Kashrut statute is not unconstitutional.
  9. Greenwald v. Noyes

      17 NYS2d 707, 172 Misc2d 1088 (S.Ct. Albany County, 1939)

    • Whether absence of "plumba" violates law must be independently established in each prosecution.
  10. People v. Gordon

      16 NYS2d 833, 258 App.Div. 421 (2 Dept, 1940)

    • If chicken slaughtered outside NY is kosher without plumba then identical chicken is kosher without plumba when slaughtered in NY.
  11. Cabinet v. Shapiro

      86 A.2d 314, 17 NJ Super 540 (1952)

    • Court cannot decide what is or is not kosher.
    • Court can determine matters of civil and property rights even though such rights involve Hebrew law.
    • Poultry which would otherwise be kosher does not become non-kosher solely because its hashgacha is not universally accepted.
  12. Erlich v. Municipal Court

      360 P2d 334 (1961), 11 CalRptr 759

    • Definition "Every Jewish law and custom" (in Deering's California Penal Code 383b) means generally accepted Orthodox Hebrew practices.
  13. Glickman v. Glasner

      40 Cal.Rptr. 719 (Dist.Ct. of Appeals, 2 Dist., 1964)

    • Kosher Food Law Representative's publication of letter indicating that certain shochtim had been disqualified by Rabbinate did not make him liable for libel damages.
  14. West Coast Poultry v. Glasner

      42 Cal.Rptr. 297 (Dist.Ct. of Appeals, 2 Dist., 1965)

    • Court would not rule that defendant was not Orthodox rabbi.
  15. United Kosher Butcher Ass'n v. Associated Synagogues

      211 NE2d 332 (Supreme Judicial Court of Mass. 1965)

    • Court has no jurisdiction to force one organization's hashgacha on another organization.
  16. Sossins Systems, Inc. v. City of Miami Beach

      262 So.2d 28 (3 District, 1972)

    • Kashrut law not unconstitutional.
  17. Jones v. Butz

      374 F. Supp. 1284 (S.D.N.Y. 1974); aff'd, 95 S.Ct. 22 319 US 806, 42 L.Ed.2d 806 (1974)

    • Humane Slaughter Act (7 U.S.C. section 1901) is not unconstitutional although it permits actions for purposes of ritual slaughter which it otherwise forbids.
  18. State v. Glassman

      441 NYS2d 346, 109 Misc2d 1088 (Sullivan County, 1981)

    • Defendant did not violate kashrut law by listing "kosher salami" on coffee shop menu because he meant "kosher style" or "kosher quality" and did not intend to defraud.
  19. Korn v. Rabbinical Council of California

      195 Cal.Rptr 910, 148 Cal.App.3d 588 (Court of Appeals, 1983)

    • Determination of what is kosher and who may give certification is ecclesiastical matter.
  20. Brach's Meat Market v. Abrams,

      668 F. Supp 275 (S.D.N.Y. 1987)

    • Court abstained from deciding constitutionality of New York State Kosher laws in deference to ongoing litigation in Queens County Civil Court.
  21. Aurora Packing Co. v. National Labor Relations Board,

      904 F. 2d 73 (D.C. Cir. 1990)

    • Shochtim not employees; packing company need not engage in collective bargaining with them since the company has no authority over them or how they do their job.
  22. Ashkenazy v. I Rokeach & Sons, Inc.,

      757 F. Supp 1527 (N.D. Ill. 1991)

    • anti-trust dispute involving rival Passover distributors; summary judgement denied.
  23. Storck USA v. Levy,

      1991 WL 244535 (N.D. Ill.)
      case history: 1991 WL 60562 (N.D. Ill.)

    • Summary judgement denied on impermissible use of kosher certification symbol
  24. National Jewish Commission on Law & Public Affairs v. Ran-Dav's County Kosher Inc.,

      507 U.S. 952, 113 S. Ct. 1366 (1993)
      243 N.J. Super 1232, 579 A. 2d 316 (Superior Ct. Appellate Div 1990)
      129 NJ 141, 608 A. 2d 1353

  25. Bloss v. Va'ad Harabonim of Riverdale,

      203 A.D. 2d 36, 610 N.Y.S. 2d 197 (First Dept. 1994)

    • Summary judgement for Defendant reversed
  26. Barghout v. Bureau of Kosher Meat & Food Control,

      66 F. 3d 1337 (4th Cir. 1995)
      Case Hist: 833 F. Supp. 540 (D. Md. 1993), 325 Md 311, 600 A. 2d 841 (Ct. App. Md. 1992)

    • Baltimore municipal kosher food laws Unconstitutional.
  27. Commack Self Service Kosher Meats, Inc. v. Rubin,

      170 F.R.D. 93 (E.D.N.Y. 1996)

    • In case involving Constitutional challenge to New York State Kosher laws, certain Jewish Communal, Rabbinic organizations and individuals but not Speaker of the State Assembly in his official capacity could intervene
  28. Perretti v. Ran-Dav's County Kosher Inc.,

      289 N.J. Super 618, 674 A. 2d 647 (Superior Ct. Appellate Div 1996)

    • NJ Kosher Laws violated Establishment clauses of the Federal and New Jersey Constitutions
  29. Levy v. Kosher Overseers Association of America, Inc.,

      104 F. 3d 38 (2d Cir. 1997)

    • Grant of summary judgment overturned; trademark infringement claim should be tried (dispute involved Kashrut symbols -- half-moon K and Circle K -- of two organizations)
  30. Commack Self-Service Kosher Meats v. Rubin

      986 F. Supp. 153 (E.D.N.Y. 1997), No. 96 CV 0179 (NG). Dated: December 15, 1997. Opinion by: J. Nina Gershon. See also Ran-Dav's County Kosher, Inc. v. New Jersey, 129 N.J. 141, 608 A.2d 1353 (1992), cert. denied, 507 U.S. 952, 113 S. Ct. 1366, 122 L. Ed. 2d 744 (1993), holding the New Jersey Kosher regulations unconstitutional.

    • New York Kosher Law; federal district refuses to abstain from adjudicating the constitutionality of the law.

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