Art Law Report

Injunction Against Berkshire Museum Sale Is Extended

Posted by Nicholas O'Donnell on December 13, 2017 at 11:08 AM

The Single Justice of the Massachusetts Appeals Court (Joseph A. Trainor) has extended the injunction against the Berkshire Museum's proposed sale of 40 works of art in its collection until at least January 29, 2018.  In its order today in response to the Attorney General's status report, the justice stated:

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

Appeals Court Stays Sale of Berkshire Museum Paintings

Posted by Nicholas O'Donnell on November 10, 2017 at 10:43 PM

Attorney General’s Motion, Supported by Private Plaintiffs, is Allowed on the Eve of Auction

The Massachusetts Appeals Court has stopped the imminent auction of paintings owned by the Berkshire Museum.  Late Friday, a single justice of the Appeals Court issued the following order:

ORDER: After reviewing the parties' submissions, the request for a preliminary injunction prohibiting the defendant, Trustees of the Berkshire Museum from selling, auctioning, or otherwise disposing of any of the artworks that have been listed for auction commencing on November 13, 2017, is allowed. The balance of the risk of irreparable harm to the petitioner and the respondent in light of each party's chance of success on the merits weighs in favor of the petitioner.

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Topics: Berkshire Museum, Pittsfield, Attorney General, Nicholas M. O'Donnell, Maura Healey

Massachusetts AG Asks Appeals Court to Halt Monday's Berkshire Museum Sale

Posted by Nicholas O'Donnell on November 10, 2017 at 2:21 PM

The Massachusetts Attorney General has moved the Appeals Court of Massachusetts for an emergency injunction pending appeal of the November 7, 2017 decision denying the motions by the AG, my clients, and others, seeking to enjoin the auctions beginning Monday of 40 paintings and works of art belonging to the Berkshire Museum.

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Topics: Berkshire Museum, Attorney General, Norman Rockwell

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The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities.

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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