The U.S. District Court in Los Angeles has denied yet another motion by the Norton Simon Museum in Pasadena to dismiss claims by Marei von Saher to ownership of the Lucas Cranach paintings Adam and Eve. Ruling on the most recent argument that the claim was brought too late, the court held that the case was within California’s often-revised statute of limitations. Remarkably, even though last year’s remand from the Ninth Circuit raised the question of the application of the Act of State Doctrine, that issue went mentioned but unresolved. That could mean yet another motion before the case can proceed to trial (or even discovery).
Topics: Netherlands, Norton Simon Museum, Nazi Germany, Von Saher, Nazi-looted art, California Code of Civil Procedure Section 338, Pasadena, Adam, conflict preemption, Lucas Cranach, Cranach, Restitution, field preemption, Marei Von Saher, Statute of Limitations, Goudstikker, Los Angeles, World War II, Von Saher v. Norton Simon Museum, Cassirer v. Kingdom of Spain, Museums, Eve, California Code of Civil Procedure 354.3
The Other Von Saher Shoe Drops: Cassirer v. Kingdom of Spain Dismissed Under Foreign Affairs Preemption
An emerging new defense to wartime art restitution claims has claimed another case. Although still confined to one district in California, the trend of dismissing such claims as better suited to resolution through the foreign affairs operations of the federal government simply cannot be ignored; wartime claims already struggling to overcome statutes of limitations could be in real trouble. The procedural history is complex, but the effect could be sweeping.
Topics: Legislation, Nazi Germany, Lilly Cassirer, Rue Saint-Honoré après-midi effet de pluie, California Code of Civil Procedure Section 338, Thyssen-Bornemisza Foundation, conflict preemption, FSIA, Preemption, Restitution, field preemption, Goudstikker, World War II, Foreign Sovereign Immunities, Von Saher v. Norton Simon Museum, Cassirer v. Kingdom of Spain, California Code of Civil Procedure 354.3
Raising another hurdle to restitution claims, the U.S. District Court in Los Angeles against the Norton Simon Museum to the remnants of the famed Jacques Goudstikker collection, on the grounds that her case is preempted by the United States’ foreign affairs doctrine. In an unusually apologetic decision, the court ruled that regardless of the merits of her claims, the law of foreign affairs makes the dispute inappropriate for resolution by civil litigation.
Topics: Terezin Declaration, Culture, Norton Simon Museum, Hungary, Thyssen-Bornemisza Collection, Jacques Goudstikker, Cassirer, Hungarian National Gallery, George Stroganoff-Scherbatoff, Holocaust Victims Redress Act, Restitution, Marei Von Saher, and Science, effet de pluie, World War II, Foreign Sovereign Immunities, Lucas Cranach the Elder, Rue St. Honoré, Camille Pissarro, Dutch Secretary for Education, Göring, Soviet Union, Washington Principles, American Ins. Ass’n v. Garamendi, Dunbar v. Seger-Thomschitz, Adam and Eve, California Code of Civil Procedure 354.3