Art Law Report

Sea Change in Nazi-looted Art Claims? The HEAR Act is Put Into Action

Posted by Nicholas O'Donnell on March 1, 2017 at 2:43 PM

Two pending cases have invoked the new law

A recent article in the New York Times highlights the change that the recent passage of the Holocaust Expropriated Art Recovery (HEAR) Act of 2016 has had on disputes about the timeliness of claims for allegedly Nazi-looted art.  The odd part, however, is that the case cited by the Times is not one in which the HEAR Act has been invoked or argued, though it could be some day.  As far as we are aware, there has been briefing on the effect of the HEAR Act in two cases, my clients’ claim against the Stiftung Preussischer Kulturbesitz (SPK) and Germany in U.S. District Court in Washington, DC, and Laurel Zuckerman’s claim as representative of the Leffmann estate in U.S. District Court in Manhattan.  Only two months after its passage, the law is already changing the terms of debate.

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Topics: Metropolitan Museum of Art, Germany, Seated Woman wiht Bent Left Leg (Torso), Bakalar v. Vavra, Stiftung Preussischer Kulturbesitz, Fritz Grünbaum, Egon Schiele, David Bakalar, HEAR Act, Richard Nagy, Laurel Zuckerman, Alice Leffmann

Léone Meyer’s Claims for Pissarro Transferred to Oklahoma

Posted by Nicholas O'Donnell on April 7, 2015 at 10:42 AM

A U.S. District Court judge has taken the recent invitation of the Second Circuit Court of Appeals, and transferred to Oklahoma a lawsuit by Léone Meyer over ownership of a Camille Pissarro painting at the Fred Jones, Jr. Museum at the University of Oklahoma. The case will now proceed in Oklahoma, where the museum seems likely to assert both sovereign immunity under Oklahoma law, as well as an argument that transfers in Switzerland conferred legal title to the museum as a successor to those transfers. However counterintuitive it seems, it may yet be that a court could agree with Meyer that the painting was stolen, but agree with Oklahoma that a Swiss litigation in the 1950s about whether it was sold to a good faith buyer means that Oklahoma holds full title and ownership.

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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, Rep. Mike Reynolds

Remaining Claims Against AAM, AAMD Related to Pissarro “La Bergere” in Oklahoma Are Dismissed

Posted by Nicholas O'Donnell on May 23, 2014 at 5:34 AM

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

Claims Against University of Oklahoma Over Pissarro "La bergère" Dismissed on Jurisdictional Grounds

Posted by Nicholas O'Donnell on May 15, 2014 at 11:09 AM

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

Met Wins Partial Dismissal of Admissions Policy Lawsuit Over Lease and City Laws

Posted by Nicholas O'Donnell on October 30, 2013 at 11:57 AM

A New York Supreme Court judge dismissed the claims filed against the Metropolitan Museum of Art over whether its admissions policy was inconsistent with city law and the museum’s charter. Lost in many of the headlines, however, is that the entire lawsuit was not dismissed; another claim for misrepresentation is, for the moment, still alive.

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Topics: Theodore Grunewald, Metropolitan Museum of Art, TomášNadrchal, Filip Saska, Patricia Nicholson, Stephen Michelman, City of New York, Litigation, Museums, Manhattan County Supreme Court, Shirley Werner Kornreich

Second Lawsuit Against Metropolitan Museum of Art About Admissions Policy

Posted by Nicholas O'Donnell on April 5, 2013 at 7:13 AM

For the second time in less than four months, a complaint has been filed against the Metropolitan Museum of Art over its admissions fee policy. Whereas the November, 2012 action seeks injunctive relief to compel the Met to change its practices, the newest case has been filed as a class action and seeks money damages as well. The Museum has responded forcefully in a statement by Director Thomas P. Campbell challenging the new case.

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Topics: Theodore Grunewald, New York City, General Obligations Law § 349, Metropolitan Museum of Art, Filip Saska, Patricia Nicholson, Stephen Michelman, Tomáš Nadrchal, Thomas P. Campbell, Museums

Lawsuit Claims Metropolitan Museum’s Voluntary Admissions Policy is Deceptive

Posted by Nicholas O'Donnell on November 29, 2012 at 4:24 AM

A complaint filed against the Metropolitan Museum of Art over its admissions fee policy is gaining widespread coverage. Although the headlines center on the plaintiffs’ allegations of fraud, Theodore Grunewald and Patricia Nicholson (the two plaintiffs) also put forward several other legal theories.

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Topics: Theodore Grunewald, General Obligations Law § 349, Metropolitan Museum of Art, Patricia Nicholson, Central Park, fraud, Litigation, Museums, Admissions Fee

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