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
After recent expansions of the scope of the Foreign Sovereign Immunities Act, the 2nd Circuit Court of Appeals has narrowed that statute’s route of access to the courthouse again. The 2nd Circuit affirmed on November 30, 2011 the District Court’s March 11, 2011 dismissal of Andrew Orkin’s claims to recover a Vincent Van Gogh drawing against the Swiss Confederation, the Oskar Reinhart Foundation, and the Oskar Reinhart Collection.
Topics: Andrew Orkin, Swiss Confederation, Oskar Reinhart Collection, Von Saher, Margarethe Mauthner, Germany, Oskar Reinhart Foundation, Cassirer, Vincent Van Gogh, FSIA, Restitution, World War II, Foreign Sovereign Immunities, Washington Principles