As discussed earlier in the Art Law Report, the Herzog heirs’ case against several Hungarian national museums survived dismissal (apart from their claims to 11 paintings whose ownership was litigated in Hungary previously). The remaining question was how much of the case would be heard on appeal: only the narrow question of Hungary’s sovereign immunity, or other parts of the decision on the defendants’ motion to dismiss (asserting, in part, that the claims were too old, that the claims were barred as acts of state, and that the United States is not the proper forum).
The answer has now come down: the District Court certified for appeal all those aspects of its decision—as well as the Hungarian defendants’ victory with respect to those 11 paintings, as requested by the plaintiffs.
A schedule should be issued shortly for the parties to submit their briefs. Practically speaking, the case will not proceed into discovery and sorting out the facts (if it ever does) until the D.C. Circuit Court of Appeals rules, likely many months from now.
