By Ted Belman
I met Nitsana Darsha-Leitner in Toronto almost 10 years ago.
She was just out of law school and had come to talk about her pioneering
lawsuits on behalf of victims of terror.
She just sent me a press release, which is below, announcing her latest lawsuit
in which she is suing Jimmy Carter et al for violating N.Y. commerce law by
publishing lies. She has fashioned the suit as a class action on behalf of all
those who bought the book and were thus harmed. This is no small matter.
I wonder how many other organizations and people can be sued for the same thing.
PRESS RELEASE
FORMER PRESIDENT JIMMY CARTER NAMED IN CLASS ACTION SUIT FILED IN NEW YORK COURT
ALLEGING DECEPTIONS AND FRAUDULENT MISREPRESENTATIONS IN BOOK ATTACKING ISRAEL
NEW YORK: An historic class action suit has been filed against former President
Jimmy Carter and the Simon & Schuster publishing company alleging that Carter’s
book, Palestine: Peace Not Apartheid, contained numerous false and knowingly
misleading statements intended to promote the author’s agenda of anti-Israel
propaganda and to deceive the reading public instead of presenting accurate
information as advertised. The suit, captioned Unterberg et al. v. Jimmy Carter
et.al (11 cv 0720), filed in the United States District Court for the Southern
District of New York, seeks compensatory and punitive damages.
The plaintiffs, who hope to have the case certified as a class action, are
members of the reading public who purchased Carter’s book expecting that they
were buying an accurate and factual record of historic events concerning Israel
and the Palestinian Arabs. The lawsuit contends that Carter, who holds himself
out as a Middle-East expert, and his publisher, intentionally presented untrue
and inaccurate information and sought to capitalize on the author’s status as a
former President to mislead unsuspecting members of the public. The complaint
alleges that the defendants’ misrepresentations, all highly critical of Israel,
violate New York consumer protection laws, specifically New York General
Business Law § 349, which makes it unlawful to engage in deceptive acts in the
course of conducting business. While acknowledging Carter’s right to publish his
personal views, the plaintiffs assert that the defendants violated the law and,
thus, harmed those who purchased the book.
The suit is the first time a former President and a publishing house have been
sued for violating consumer protection laws by knowingly publishing inaccurate
information while promoting a book as factual.
The plaintiffs are represented by attorney David Schoen, Esq. of Montgomery,
Alabama and attorney Nitsana Darshan-Leitner, Esq. of Tel-Aviv, Israel.
The complaint notes that after the book’s publication some of Carter’s closest
aides, including distinguished public officials and scholars personally involved
in the events described, condemned the book as untruthful. Despite being
presented with irrefutable proof that many of representations in the book are
false, the defendants have refused to make any corrections.
Attorney Schoen stated that:
“It is, indeed, a sad day for all of us as Americans, when a former President
demeans the dignity of his office by intentionally misstating critically
important facts concerning events of great historic significance and public
interest, simply to advance a personal anti-Israel animus and to foster the
agenda of the enemies of Israel who pump so much money into the Center which
bears his name.”
Attorney Darshan-Leitner stated that:
“The lawsuit will expose all the falsehoods and misrepresentations in Carter’s
book and prove that his hatred of Israel has led him to commit this fraud on the
public. He is entitled to his opinions but deceptions and lies have no place in
works of history.”
For more information please contact:
Nitsana Darshan-Leitner (516) 684-9983,
Email: nitsanad@zahav.net.il
David Schoen: (334) 395-6611
Email: David@Schoenlawfirm.com