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Members of the Berkshire Museum Ask Supreme Judicial Court to Stop Berkshire Museum’s Deaccession Plan

Posted by Nicholas O'Donnell on February 26, 2018 at 5:36 PM

(Boston, MA, February 26, 2018) Sullivan & Worcester LLP clients and Berkshire Museum members James Hatt, Kristin Hatt, and Elizabeth Weinberg filed today a brief with the Supreme Judicial Court of Massachusetts asking the state’s highest court not to permit the sale of 40 works of art by the Berkshire Museum. The Berkshire Museum filed a petition on February 9, 2018 asking the SJC to permit deviation from the historical restrictions that would prevent such sale. Today the museum member filed a brief as amicus curiae, or “friend of the court.”

Partner Nicholas M. O’Donnell, attorney for the members, said, “My clients are optimistic that the SJC will see through the Berkshire Museum’s petition to deviate from its historical restrictions as unnecessary, and harmful. Such a petition must show that the current state of affairs is impossible or impracticable, and that the requested change is ‘as near as possible’ to the original purpose of the institution. This petition fails to meet either criterion.”

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Topics: Deaccessioning, Norman Rockwell, Sullivan & Worcester LLP, Nicholas M. O'Donnell, Pittsfield, Berkshire Museum, Shuffleton’s Barbershop

Members of the Berkshire Museum File Appeal Papers to Stop Museum's Planned Sale of 40 Works from its Collection

Posted by Nicholas O'Donnell on January 16, 2018 at 6:56 PM

 (Boston, MA, January 16, 2018) Sullivan & Worcester LLP has filed its papers in the appeal by its clients, the members of the Berkshire Museum who sued to enjoin the museum’s sale of 40 works of art and sculpture.  The appeal was brought as a result of the Berkshire County Superior Court’s November 7, 2017 denial of their request for an injunction, and dismissal of the case.  That order denied not only the members’ request, but also a motion by another group that includes Norman Rockwell’s sons and the motion by Attorney General Maura Healey to pause the sale originally scheduled for November 13, 2017 at Sotheby’s in New York—a sale that would have included Rockwell’s Shuffleton’s Barbershop and other masterpieces. 

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Topics: Norman Rockwell, Sullivan & Worcester LLP, Sotheby's, Nicholas M. O'Donnell, Pittsfield, Berkshire Museum, Zenas Crane, Hudson River School, Frederic Edwin Church, Shuffleton’s Barbershop, Maura Healey, Massachusetts Appeals Court

Members of the Berkshire Museum Appeal Ruling on Planned Sale of Critical Pieces of its Collection

Posted by Nicholas O'Donnell on November 20, 2017 at 10:22 AM

Sullivan & Worcester LLP has filed an appeal on behalf of its clients, the members of the Berkshire Museum who sued to enjoin the museum’s sale of 40 works of art and sculpture.  The appeal is brought as a result of the Berkshire County Superior Court’s November 7, 2017 denial of their request for an injunction, and dismissal of the case (before the Appeals Court utlimately enjoined the sale until at least December).  That Superior Court order denied not only the members’ request, but also a motion by another group that include Norman Rockwell’s sons and the motion by Attorney General Maura Healey to pause the sale originally scheduled for November 13, 2017 at Sotheby’s in New York—a sale that would have included Rockwell’s Shuffleton’s Barbershop and other masterpieces. 

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Topics: Norman Rockwell, Sullivan & Worcester LLP, Sotheby's, Nicholas M. O'Donnell, Berkshire Museum, Zenas Crane, Shuffleton’s Barbershop, Attorney General, Maura Healey, Berkshire County Superior Court

Members of Berkshire Museum File Suit Seeking Injunction Against Sale of Art Collection

Posted by Nicholas O'Donnell on October 26, 2017 at 11:52 AM

Forty Masterpieces of American and European Art Scheduled for Auction

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Topics: Norman Rockwell, Sullivan & Worcester LLP, Sotheby's, Nicholas M. O'Donnell, Pittsfield, Zenas Crane, Trustees of the Berkshire Museum, Hudson River School, Frederic Edwin Church, Pieter de Hooch, Shuffleton’s Barbershop, Shaftsbury Blacksmith Shop

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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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