Art Law Report

New York Man Sues Germany For Liebermann Found With Gurlitt, but Allegations Face Real FSIA and Pleading Challenges

Posted by Nicholas O'Donnell on March 6, 2014 at 1:53 AM

When I spoke in Heidelberg in January at the Institute for Jewish Studies conference “Appropriated Art—the Gurlitt Case,” one of the points I stressed in discussing U.S. restitution litigation was that the longer the Gurlitt case went unresolved (and do not be distracted by the “Voice of Russia” article that is being circulated as “Holocaust victims’ heirs to reclaim Nazi-looted artwork if Gurlitt bill passsed”­—it is not remotely a simple or likely as that), the more certain it would be that litigation would follow in the U.S. Gurlitt himself and his legal team have done their part recently to make any meaningful agreement impossible, and in the absence of unilateral action by Germany (which would probably be illegal), it has now come to pass. The first civil claim related to paintings seized from Cornelius Gurlitt’s apartment has now been filed by David Toren in the U.S. District Court for the District of Columbia against the Free State of Bavaria and the Federal Republic of Germany.

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Topics: Focus, Schwabinger Kunstfund, Voice of Russia, Hildebrand Gurlitt, Cornelius Gurlitt, Breslau, Hungary, de Csepel, Max Liebermann, Germany, Silesia, Gurlitt Collection, Foreign Sovereign Immunities Act, Appropriated Art the Gurlitt Case, Hans Sachs, Baron Herzog, bailment, Madame Soler, Entartete Kunst, FSIA, Mendelssohn-Bartholdy, conversion, Bavaria, David Toren, Zwei Ritter am Meer, Free State of Bavaria, 28 U.S.C. § 1605(a)(2), Looted Art, Foreign Sovereign Immunities, Pinakothek der Moderne, Hochschule für Jüdische Studien, Altmann v. Republic of Austria, Freistaat Bayern, Ersessene Kunst¬—der Fall Gurlitt, Picasso, Riders on the Beach, Federal Republic of Germany, Raubkunst, David Friedmann, Institute for Jewish Studies, Münchner Kunstfund, Heidelberg

Cassirer Heirs' Claims to Pissarro Work Revived by Appeals Court, the Year 2013 Shows that the Tide for Restitution May be Shifting Again

Posted by Nicholas O'Donnell on December 16, 2013 at 12:36 PM

The U.S. Court of Appeals for the 9th Circuit restored last week claims by heirs of Lilly Cassirer against the Thyssen-Bornemisza Collection for the return of the Camille Pissarro painting Rue St. Honoré, après-midi, êffet de pluie.

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Topics: Nuremberg laws, Schwabinger Kunstfund, Cornelius Gurlitt, Lilly Cassirer, California Code of Civil Procedure § 338(c), Dorothy Nelson, Thyssen-Bornemisza Collection, Julius Schoeps, Rue St. Honoré après-midi êffet de pluie, Claude Cassirer, Von Saher v. Norton Simon, de Csepel, Jacques Goudstikker, California Code of Civil Procedure § 354.3, Gurlitt Collection, Foreign Sovereign Immunities Act, Hans Sachs, Von Saher v. Norton Simon Museum of Art at Pasaden, Madame Soler, Bundesgerichtshof, Hildebrand Gurlit, Entartete Kunst, Hans-Heinrich Thyssen-Bornemisza, Hungarian National Gallery, Nazis, Munich, Deutches Historisches Museum, FSIA, Preemption, Gurlitt, Harry Pregerson, Restitution, field preemption, Marei Von Saher, Herzog collection, Bavaria, Claudia Seger-Thomschitz, Looted Art, World War II, Foreign Sovereign Immunities, Pinakothek der Moderne, degenerate art, Altmann v. Republic of Austria, 578 F.3d 1016, Freistaat Bayern, beschlagnahmte Kunst, Camille Pissarro, Kim McLane Wardlaw, Nürnberger Gesetze, Raubkunst, Museum of Fine Arts Boston, Cassirer v. Thyssen-Bornemisza Collection, verschollene Kunst, Kunstfund München

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About the Blog

The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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