News| Daniel Barlev
Gornitzky successfully represented Israel Railways in an appeal filed to the Supreme Court regarding a class action approved against it.
Gornitzky successfully represented Israel Railways in an appeal filed to the Supreme Court over a ruling by the Jerusalem District Court, which approved a class action concerning the liability of Israel Railways as a holder of a public place, in accordance with the Prevention of Smoking in Public Places and Exposure to Smoking Law. Following oral arguments heard before the Supreme Court panel led by the Honorable Justice Amit, the panel recommended that the ruling be overturned, including the assertions made regarding Israel Railways' responsibility, and that the company's interpretation regarding the scope of its liabilities towards taking reasonable measures in order to prevent smoking on platforms, from here on after will be adopted. Compensation of the public using the Fund for Financing Class Actions, as well as attorney fees adjudicated by the District Court, totaling approximately NIS 7 million, will be reduced by a third.
Gornitzky represents the Phoenix in a temporary injunction halting the sale of Arena's major assets.
The Phoenix Insurance Company was granted a temporary injunction halting the sale of Arena Group's major assets.
Within the framework of an originating motion in the matter of the Phoenix's right of first refusal in the Star Center Mall in Ashdod, the Tel Aviv District Court halted a proceeding executed by Arena Group for the sale of Star Center Mall in Ashdod and Arena Mall in Nahariya. The two malls were offered for sale as a whole, with the intention of unlawfully bypassing the Phoenix's right to first refusal. On Passover eve, the court ruled that at this stage, no communication shall be conducted regarding the transfer of any rights to the land on which the Star Center Mall in Ashdod is located, and that the temporary injunction shall remain in effect until another decision is reached in the case.
Gornitzky represented the Phoenix Insurance Company Ltd. in a motion to approve a class action against it.
Gornitzky represented the Phoenix Insurance Company Ltd. in a motion to approve a class action against it, in which it was claimed that by allowing the purchase of travel insurance according to the number of full travel days (from midnight to midnight) and not according to the number of days the insured actually spent abroad, the Phoenix breached the provisions of the Insurance Contract Law and the Standard Contracts Law, while selling insurance policies without risk. Following a preliminary hearing in which the judge addressed the difficulties posed by such a motion, the plaintiffs withdrew the action without an order for expenses.