Art Law Report

Berkshire Museum Tries to End-Run Pending Appeal but Member Plaintiffs Decline to be Bullied

Posted by Nicholas O'Donnell on August 16, 2018 at 4:58 PM

After four months of silence, the Berkshire Museum suddenly demanded last week that my clients dismiss their still-pending lawsuit over the governance of the museum by claiming that the April decision by the Single Justice of the Supreme Judicial Court that lifted the binding restrictions that the sales of its art collection would have violated somehow put an end to my clients’ case (which has been scheduled for oral argument on September 4, 2018 in Boston).  By letter on Tuesday, I explained that the museum was quite mistaken indeed.  Yesterday, the museum escalated and filed a request that Appeals Court simply dismiss the appeal, and actually accused my clients of acting in bad faith.  The museum also saw fit to put the text of the letter into a press release that it circulated widely through its public relations team. 

This afternoon we filed our response, the text of which is reproduced below.  Put simply, while the lawsuit quite explicitly sought to stop the sale of the museum’s art collection, the fact that some of the works have already been sold does not begin to answer the questions that the lawsuit raised. 

My clients look forward to the argument after Labor Day.

Read More

Topics: Deaccession, Supreme Judicial Court, Berkshire Museum, Trustees of the Berkshire Museum, Single justice

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:

Read More

Topics: Berkshire Museum, Attorney General, Maura Healey, Single justice, Massachusetts Appeals Court, Joseph A. Trainor

About the Blog


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

Meet the Editor

Learn more about our Art & Museum Law practice

Subscribe to Blog

Recent Posts

Posts by Topic

see all