CASE BRIEF: Mel Mermelstein v. The Institute for Historical Review (1985)

Mel Mermelstein v. The Institute for Historical Review (1985)

Title and Citation

Mel Mermelstein v. The Institute for Historical Review, No. C 356 542 (July 22, 1985)


Facts

William David McCalden (who served as the director of the IHR from 1978-81) offered a fifty thousand dollar reward to anyone who could prove that Nazis operated gas chambers to kill Jews. McCalden and the group sent “contest applications” to Holocaust survivors, challenging them to prove that what they went through was real with diaries, photos, or other forensic evidence. One recipient, Mel Mermelstein, did send McCalden detailed accounts of his experiences and the names of other witnesses. When Mermelstein requested payment, McCalden informed him (and everyone else, via the Journal of Historic Review) that the whole thing was a publicity stunt and was just a trap that they used to lure in naïve men. Mermelstein filed charges.


Issues

1. Is the Holocaust a subject for dispute?

2. Was McCalden's $50,000 offer a legally binding promise?


Held

1. No; the events of the Holocaust are "simply a fact".

2. Yes; Mermelstein was owed the promised $50,000 based on his participation in the contest.


Reasoning

The judge proclaimed that the events of the Holocaust were not “subject to dispute” and that they were “simply a fact”, and that McCalden falsely promised a $50,000 payout that was now owed to Mermelstein.


Decision

The court found in favor of the plaintiff, Mel Mermelstein. IHR and McCalden were ordered to pay Mermelstein the original $50,000 promised plus an additional $40,000 to compensate for pain and suffering.


Significance

The judge disregarded Holocaust denial and said the events of the Holocaust were not "subject to dispute".