I am quoted at length in an article about the recent Von Saher decision: "Fight Over Paintings Looted by Nazis May Finally Get Trial Thanks to 9th Cir." by Nicholas Datlowe, published by Bloomberg BNA’s United States Law Week. The article covers the overall background and importance of the decision, and has quotes from the plaintiffs’ attorneys who now can return to the trial court to try to press their claim (and respond to the likely forthcoming act of state defenses, as discussed here previously). It also analyzes the dissent in the June 6, 2014 opinion by Judge Kim McLane Wardlaw, who would have upheld the trial court dismissal under the foreign affairs doctrine. 
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Topics: Bloomberg BNA, 82 U.S.L.W. 1944, Dutch Secretary for Education Culture and Science, Norton Simon Museum, Alois Miedl, Lilly Cassirer, Norton Simon Art Foundation, Rue Saint-Honoré après-midi effet de pluie, Jacques Goudstikker, Howard N. Spiegler, Fred Anthony Rowley, George Stroganoff-Scherbatoff, Hermann Goring, Harry Pregerson, Restitution, Marei Von Saher, Jr., World War II, act of state doctrine, Cassirer v. Kingdom of Spain, United States Law Week, Lucas Cranach the Elder, Camille Pissarro, Dorothy Wright Nelson, http://www.bna.com., The Bureau of National Affairs Inc., Kim McLane Wardlaw, Soviet Union, foreign affairs doctrine, California Section 354.3 of Code of Civil Procedur, Von Saher v. Norton Simon Museum of Art
The Court of Appeals for the 8th Circuit has affirmed the dismissal of the U.S. government’s attempt to seize the Mask of Ka-Nefer-Nefer from the St. Louis Art Museum. Despite the government’s persistent characterization the mask as stolen before it entered the country, the civil forfeiture case has been rebuffed. The narrow issue was whether the trial court had properly denied the government’s request to amend its complaint after an initial challenge, but as the 8th Circuit put it, “Underlying that issue is an attempt to expand the government’s forfeiture powers at the likely expense of museums and other good faith purchasers in the international marketplace for ancient artifacts.” That latter question will have to wait another day, because the case was resolved on the government’s missed deadlines and nothing more.
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Topics: Mask of Ka-Nefer-Nefer, St. Louis Art Museum, Department of Justice, Fed. R. Civ. P. 59(e), the Art Law Report, Restitution, 19 U.S.C. § 1595a, United States, Antiquities, Federal Rules of Civil Procedure, Customs, Civil Forfeiture, Ancient Egypt
The Gurlitt Task Force has issued its first public conclusion about the status of work amongst the collection found in Cornelius Gurlitt's apartment. Chair Ingebeborg Berggreen-Merkel issued a statement today that (my translation):
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Topics: Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Gurlitt Task Force, Nazi-looted art, Gurlitt Collection, Entartete Kunst, Munich art trove, Anne Sinclair, NS Raubkunst, Restitution, World War II, Kunstmuseum Bern, Washington Principles, Sitzende Frau, Kunstfund München, Henri Matisse, Paul Rosenberg
The U.S. Court of Appeals for the Ninth Circuit restored on June 6, 2014 the claims by Marei von Saher against the Norton Simon Museum in Pasadena for the paintings Adam and Eve by Lucas Cranach the Elder. The appeals court followed its decision in Cassirer v. Kingdom of Spain in December of last year, concerning the painting Rue Saint-Honoré, après-midi, effet de pluie by Camille Pissarro that was owned at one time by Lilly Cassirer, a Jewish collector who fled Germany in 1939. While the panel of judges vacated the Von Saher dismissal that was premised on the idea that California’s revised statute of limitations was unconstitutional (instead finding that the law and claims withstand that scrutiny), the divided 2-1 panel sent the case back to the district court to determine if the claims were nonetheless barred under the “act of state doctrine”. One dissenting judge would have upheld the dismissal on the grounds that the case would call into question Von Saher’s compensation from the Dutch government such that that would violate the foreign affairs doctrine. That split on the act of state doctrine partially answers the lingering question of why Von Saher, argued the same day as Cassirer concerning the same California law, had gone undecided six months after Cassirer was resolved.
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Topics: Dutch Secretary for Education Culture and Science, Norton Simon Museum, Alois Miedl, Lilly Cassirer, Norton Simon Art Foundation, Rue Saint-Honoré après-midi effet de pluie, Jacques Goudstikker, Howard N. Spiegler, Fred Anthony Rowley, George Stroganoff-Scherbatoff, Hermann Goring, Harry Pregerson, Restitution, Marei Von Saher, Jr., World War II, Foreign Sovereign Immunities, act of state doctrine, Cassirer v. Kingdom of Spain, Lucas Cranach the Elder, Camille Pissarro, Dorothy Wright Nelson, http://www.bna.com., Kim McLane Wardlaw, Soviet Union, foreign affairs doctrine, California Section 354.3 of Code of Civil Procedur, Von Saher v. Norton Simon Museum of Art
Among the many legacies of the Gurlitt saga is a renewed focus on the importance of Nazi-approved art dealers like Karl Haberstock to the expropriation, outlawing, and re-sale of art either owned by Jewish collectors or which was thematically disapproved by the Nazi state. Relatedly, it has served as a reminder of the often cursory review that many of these men received after the war, and the acceptance of their proffered explanations, like those of Hildebrand Gurlitt, that “everything was destroyed in a bombing attack.” Now, the German Central Institute for Art history is set to make public the records of Adolf Weinmüller and his eponymous auction house (later renamed Neumeister).
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Topics: Meike Hopp, Schwabinger Kunstfund, Was einmal war, Hildebrand Gurlitt, Cornelius Gurlitt, Zentralinstitut für Kunstgeschichte, Lost Art Database, Schwabinger Taskforce, Gurlitt Task Force, Nazi-looted art, Gurlitt Collection, Karl Haberstock, Kende, Entartete Kunst, Munich, Restitution, Wien, World War II, degenerate art, www.lostart.de, München, Adolf Weinmüller, Neumeister Auction House, Aryanized, Sophie Lille, Unser Wien ‘Arisierung’ auf Österreich, Nazi Raubkunst, Vienna, Tina Walzer
As we reported last week, the U.S. District Court dismissed claims against the Fred Jones, Jr. Museum of Art, the University of Oklahoma, and associated Oklahoma defendants, over title to the Camille Pissarro painting La bergère rentrent des moutons (a case in which I represented the David Findlay Jr. Gallery).
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Topics: David Findlay Jr. Inc., due process, third party beneficiary, Metropolitan Museum of Art, Raoul Meyer, Nazi Occupation, American Alliance of Museums, University of Oklahoma, Aaron and Clara Weitzenhofer, Judge Colleen McMahon, Fred Jones Jr. Museum of Art, AAM, Vichy, La bergère rentrent des moutons, Association of Art Museum Directors, Restitution, David Findlay Galleries, World War II, CPLR 301, Switzerland, Leone Meyer, long art statute, Camille Pissarro, Museums, personal jurisdiction, AAMD, Christoph Bernoulli, Swiss judgment
The attorney for the recently deceased Cornelius Gurlitt, Stephan Edel, told Der Spiegel today that “At the present time, only eight works must be returned from the collection as a result of Nazi persecution,” (my translation). Edel went on to say “Whether further works will follow, must await the results of the ongoing research.”
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Topics: Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, www.Gurlitt.Info, Wolfgang Seybold, German museums, Nazi-looted art, Gurlitt Collection, Entartete Kunst, will contest, Curt Valentin, Restitution, Der Spiegel, World War II, Bunte, degenerate art, Kunstmuseum Bern, Nazi Raubkunst, Kunstfund München
Claims Against University of Oklahoma Over Pissarro "La bergère" Dismissed on Jurisdictional Grounds
The U.S. District Court for the Southern District of New York has dismissed the much-publicized claims by Leone Meyer against the University of Oklahoma and related Oklahoma public officials and insitutions for the return of La bergère rentrent des moutons by Camille Pissarro, currently in the Fred Jones, Jr. Museum of Art. In full disclosure: I represented David Findlay, Jr., Inc. in the action, who was dismissed from the action last year by agreement.
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Topics: David Findlay Jr. Inc., due process, third party beneficiary, Metropolitan Museum of Art, Raoul Meyer, Nazi Occupation, American Alliance of Museums, University of Oklahoma, Aaron and Clara Weitzenhofer, Judge Colleen McMahon, Fred Jones Jr. Museum of Art, AAM, Vichy, La bergère rentrent des moutons, Association of Art Museum Directors, Restitution, David Findlay Galleries, World War II, CPLR 301, Switzerland, Leone Meyer, long art statute, Camille Pissarro, personal jurisdiction, AAMD, Christoph Bernoulli, Swiss judgment
When news first broke that Cornelius Gurlitt had named the Kunstmuseum in Bern as his sole heir (and not merely as the recipient of his art collection), we wondered whether some putative heir to Gurlitt—and thus to at least part of the art collection under suspicion for containing Nazi-looted art—might challenge that appointment.
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Topics: Barcelona, Focus, Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Wolfgang Seybold, Nazi-looted art, Gurlitt Collection, Spain, Munich, Münchner Gerichtspräsident Gerhard Zierl, 60 Minutes, Restitution, ORF, codicil, testamentary capacity, World War II, Austria, Kunstmuseum Bern, Ekkeheart Gurlitt, probate, Nazi Raubkunst, CBS, Testament, Münchner Kunstfund, Morley Safer
Discussion continues to swirl about how the passing of Cornelius Gurlitt this week will affect the review and possible return of the paintings found in his Munich apartment, and those in Austria. Not surprisingly, the majority of reflections on the news that Gurlitt appointed the Kunstmuseum in Bern, Swizterland as his sole heir are in German, Austrian, and Swiss publications. Here are is my roundup of the latest reports:
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Topics: Neue Zürchner Zeitung, Schwabinger Kunstfund, Ingeborg Bergreen-Merkel, Stephan Holzinger, Bad Aussee, Cornelius Gurlitt, Monopol, Gurlitt Task Force, Germany, will, Nazi-looted art, Gurlitt Collection, Matthias Frehner, Entartete Kunst, Salzburg, Restitution, ORF, World War II, Switzerland, Süddeutsche Zeitung, heir, Austria, Kunstmuseum Bern, Washington Principles, Nazi Raubkunst, validity
