Thursday, June 13, 2013

Rabbi Osdoba Sues Rabbi Braun

In our post below on May 22, 2013, the Beis Din Advisory referred to the law suit filed by Rabbi Osdoba.  We have obtained the details of the lawsuit and present them now.

Rabbi Osdoba filed a personal lawsuit against Rabbi Braun on April 24, 2013 in the secular court system.  He claims heter from Rabbi Chaim Kraus.  The letter claims that Rabbi Braun ignored three hazmonohs, but this is in dispute.  

Besides the problematic nature of going to secular court, and besides the request that the secular court rule on issues of Jewish law, it would also appear that the prior agreement to go to Rabbi Rosenberg's Bais Din Zabla this coming August, would invalidate the Kraus actions.  The Osdoba documents are contained in the tab on top of the page above.

The lawsuit requests the Courts to rule that Rabbi Braun be invalidated to be on the Crown Heights Beth Din, and that he cannot give kosher certifications, nor claim the present CHK kashrus certifications are invalid.  It also seeks punitive monetary damages.

The quote below is from page 12 of the Court Papers in the tab above:


WHEREFORE, Plaintiffs demand judgment as follows:

A. On the First Cause of Action. a declaratory judgment that: (i) defendant Braun
committed rraud in order that the election he won would not be inval idated and to sit as a
member of the Crown Heights Beth Din; (ii) that because of such fraud, Braun's appointment to
s it as a member of the Crown Heights Beth Din be rescinded. (iii) that because of such fraud,
Braun be barred from serving as a member of the Crown Heights Beth Din, (iv) that Braun
cannot issue kosher certifications on behalf of the Crown Heights Beth Din and/or the va·ad
Hakashrus and, (v) Plaintiffs have suffered damages as a result of Braun's fraud, as set iorth
above.

B. On the Second Cause of Action, a declaratory judgment that Braun's selection as
a Rabbi sitting on the Crown Heights Beth Din be found void ab initio.

C. On the Third Cause of Action: (i) enjoining Braun from publishing any false,
dctiunatory and/or disparaging statements regarding the Crown Heights Beth Din and/or Va'ad
Hakashrus, including that their kosher certifications are unreliable and not authentic, (ii)
awarding damages in favor of the Crown Heights Beth Din and Va'ad Hakashrus, and (iii)
assessing punitive damages against Braun.

D. On the Fourth Cause of Action: (i) e 1~oining Braun from continuing to publish
any defamatory statements about Rabbi Osdoba, (ii) awarding Rabbi Osdoba compensatory
damages in an amount to be determined at trial, and (iii) assessing punitive damages against
Braun.