News & Analysis as of

Foreign Sovereign Immunities Act of 1976 (FSIA) Nazi Looted Art

Sullivan & Worcester

Thyssen-Bornemisza wins Pissarro painting sold under Nazi duress by Lilly Cassirer

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The U.S. Court of Appeals for the 9th Circuit ruled on January 9, 2024 that the Thyssen-Bornemisza Collection Foundation in Madrid is the owner of Rue Saint–Honoré, après-midi, effect de pluie (1892) by Camille Pissarro, a...more

Epstein Becker & Green

Supreme Court Decides Five Cases, Some of Which Lay Down Markers That Could Impact Future Decisions: SCOTUS Today

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Auguring a flood of opinions in the remaining weeks of the term, the Supreme Court decided five cases today. Some of them offer support for the media/popular equation of a political party background with jurisprudential...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Cassirer et al. v. Thyssen-Bornemisza Collection Foundation

On April 21, 2022, the U.S. Supreme Court decided Cassirer et al. v. Thyssen-Bornemisza Collection Foundation, No. 20-1566, holding that federal courts hearing state-law claims under the Foreign Sovereign Immunities Act...more

Dorsey & Whitney LLP

The Supreme Court - April 21, 2022

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Boechler, P.C. v. Commissioner of Internal Revenue, No. 20-1472: This case involves the application of “equitable tolling” in tax “collection due process” cases. This case arose after the IRS sustained a proposed levy on the...more

King & Spalding

Cassirer Argument: Ownership of Nazi-looted art to be determined by choice-of-law

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A painting by Camille Pissarro hangs in a Spanish museum that the Nazis stole from a Jewish family in 1939. For fifteen years the parties have litigated who the rightful owner is: the museum or the family. The case may well...more

Sullivan & Worcester

Sullivan Files Supreme Court Amicus Brief with former State Department Legal Adviser in Nazi-looted Art Case

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Today I am pleased to announce that I have filed a brief in the Supreme Court of the United States as counsel of record for amicus curiae Mark B. Feldman, former U.S. Department of State Acting Legal Adviser. We filed the...more

Sullivan & Worcester

Art Dealer and Holocaust Claimant Asks Supreme Court to Hear Dispute Over Poland’s Vendetta Against Him

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We were privileged to file today a petition for certiorari with the Supreme Court of the United States on behalf of our client, art dealer Alexander Khochinsky. The petition asks the Court for reinstatement of a lawsuit...more

Sullivan & Worcester

Alexander Khochinsky Petitions DC Circuit to Rehear en banc His Holocaust Restitution Retaliation Case Against Poland

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Last week, on behalf of our client Alexander Khochinsky, an art dealer, we filed a petition to rehear en banc the June 18, 2021 decision by a three-judge panel affirming the dismissal of the lawsuit against Poland for lack of...more

Jones Day

Supreme Court: FSIA's Expropriation Exception Applies Only to Sovereign's Taking of Foreigner's Property

Jones Day on

The Situation: On July 10, 2018, the D.C. Circuit held that the Foreign Sovereign Immunities Act's ("FSIA") expropriation exception to sovereign immunity extended to a sovereign's taking of its own nationals' property in an...more

King & Spalding

Supreme Court Addresses Expropriation Exception to Foreign Sovereign Immunity

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On February 3, 2021, the U.S. Supreme Court issued its anticipated decision in Germany v. Philipp, a case implicating the exception to foreign sovereign immunity for claims arising out of “property taken in violation of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Federal Republic of Germany v. Philipp

On February 3, 2021, the U.S. Supreme Court decided Federal Republic of Germany v. Philipp, No. 19–351, holding that the expropriation exception to the Foreign Sovereign Immunities Act (FSIA) does not apply to a domestic...more

Sullivan & Worcester

At U.S. Supreme Court, Jewish Heirs Lay Claim to Treasure Taken by Nazi Agents in 1935

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(WASHINGTON-October 22, 2020) The heirs to the Jewish art dealers who were forced to sell the medieval devotional art collection known as the Welfenschatz (in English, the Guelph Treasure) to agents of Hermann Goering in 1935...more

Sullivan & Worcester

“Moralistic Preening” and Broken Commitments Under the Washington Principles—Ninth Circuit Chastises Spain for Keeping Nazi-looted...

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The U.S. Court of Appeals for the Ninth Circuit yesterday affirmed the 2019 judgment that allowed the Thyssen-Bornemisza Collection Museum in Madrid to retain Camille Pissarro’s Rue St. Honoré, après-midi, effet de pluie (Rue...more

Sullivan & Worcester

U.S. Supreme Court Will Hear Germany’s Appeal to Keep the Guelph Treasure, Taken by Nazi Agents in 1935

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(WASHINGTON-July 2, 2020) The United States Supreme Court today agreed to hear the appeal by Germany and the Stiftung Preussischer Kulturbesitz (SPK) seeking to dismiss the restitution claim by the heirs to the so-called...more

Sullivan & Worcester

Guelph Treasure Heirs Respond to U.S. Brief that Argued Nazi Art Theft Was a Domestic Affair

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On behalf of my clients seeking restitution of the Guelph Treasure, or Welfenschatz, we filed today our supplemental brief with the U.S. Supreme Court in response to the Brief of the United States as Amicus Curiae that the...more

Sullivan & Worcester

U.S. Solicitor General’s Office Advocates Broad Impunity for Nazi Art Thefts

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Late Tuesday evening—the day after Memorial Day no less—the United States Office of the Solicitor General filed a brief amicus curiae in our clients’ pending case against the Federal Republic of Germany and the Stiftung...more

Sullivan & Worcester

France Rejects Poland’s Bad Faith Efforts to Extradite Art Dealer Alexander Khochinsky

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My client Alexander Khochinsky is safely back in the United States after an eight-month ordeal spurred by Poland’s retaliation for his assertion of restitution for his mother’s property lost in Poland during the Holocaust....more

Sullivan & Worcester

Heirs of Holocaust Victim Fritz Grünbaum Win Restitution of Nazi-Looted Schiele Drawings

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The Appellate Division First Department in New York has affirmed the trial court’s ruling in Reif v. Nagy that the heirs of Viennese actor and Holocaust victim Franz Friedrich (Fritz) Grünbaum are entitled to the return of...more

Sullivan & Worcester

Guelph Treasure Claims to Go Forward

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The U.S. Court of Appeals for the D.C. Circuit today dismissed the petition to rehear en banc last year’s landmark ruling that the heirs of the art dealers who sold the Guelph Treasure (or Welfenschatz) may pursue their...more

Sullivan & Worcester

Thyssen-Bornemisza Prevails Over Cassirer Heirs' Claim to Pissarro Taken by Nazis Despite Acts “Inconsistent with the Washington...

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One of the longest-running court cases in the United States about art looted by the Nazis has been decided in favor of the current possessor, the Thyssen-Bornemisza Museum in Madrid, an instrumentality of the Kingdom of...more

Sullivan & Worcester

Norton Simon Museum Wins Appeal Over Nazi-Looted Cranach Paintings

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The U.S. Court of Appeals for the Ninth Circuit has upheld the judgment against Marei von Saher on her claims against the Norton Simon Museum in Pasadena to recover Adam and Eve by Lucas Cranach the Elder. The Cranachs...more

Sullivan & Worcester

Court of Appeals Upholds Claims to Renowned Guelph Treasure Sold Under Duress to Nazi Agents

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(WASHINGTON-July 10, 2018) The U.S. Court of Appeals for the D.C. Circuit has affirmed the right of the heirs to the so-called Guelph Treasure (known in German as the Welfenschatz) to seek restitution in U.S. courts for the...more

WilmerHale

Ninth Circuit Applies the Holocaust Expropriated Art Recovery Act of 2016 to Revive Previously Dismissed Nazi-Era Art...

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On July 10, 2017, the US Court of Appeals for the Ninth Circuit became the first circuit court to apply the six-year statute of limitations from the Holocaust Expropriated Art Recovery Act of 2016 (HEAR Act). In Cassirer v....more

Sullivan & Worcester

Herzog Heirs Win Again in Appeals Court on Jurisdiction Over Hungarian Museums

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A federal appeals court has upheld the growing consensus that the Foreign Sovereign Immunities Act (FSIA) confers jurisdiction over foreign state actors in possession of art allegedly looted by and/or overseen by the Nazis....more

Sullivan & Worcester

Guelph Treasure Art Restitution Case Media Coverage

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The United States District Court for the District of Columbia has ruled that Germany can be sued for the return of Nazi-looted art and artifacts under the Foreign Sovereign Immunities Act. This is the first time Germany will...more

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