Art Law Report

Second Circuit Rules Schiele Drawing Not Stolen by Nazis

Posted by Nicholas O'Donnell on October 24, 2012 at 1:15 PM

The Second Circuit Court of Appeals has affirmed the judgment against David Bakalar concerning ownership of the drawing Seated Woman with Bent Left Leg (Torso). It is a notable decision first and foremost because it affirms the District Court ruling on the merits of whether the drawing was stolen by the Nazis from the Austrian-Jewish collector Fritz Grünbaum—finding that it was not stolen. Such a ruling is a rarity among wartime restitution cases, the overwhelming majority of which continue to founder on statutes of limitations and jurisdictional defenses. Ironically, even though the court ruled that the work was not stolen and that the current owner could not prove good title, the current owner still prevailed. The details are the key to understanding this case, best described in the District Court decision that the Appeals Court affirmed.

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Topics: cultural property, laches, Leon Fischer, Milos Vavra, Second Circuit, Galerie St. Etienne, Dead City III, Seated Woman wiht Bent Left Leg (Torso), Galerie Gutekunst, Nazis, Fritz Grünbaum, Restitution, Egon Schiele, World War II, Mathilde Lukacs, David Bakalar, Max Herzl, Franz Kieslinger, Elisabeth Grünbaum, Elise Zozuli

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