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The 2nd Circuit Pulls Back on the Reach of the FSIA, Upholds Dismissal of Claim Against Switzerland for Van Gogh Drawing

Posted by Nicholas O'Donnell on December 13, 2011 at 10:37 AM

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.

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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

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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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