(US) Supreme Court Agrees to Hear Museum Win in Nazi-Plundered Art #holocaust #announcements


Herbert Lazerow
 

   The Supreme Court will not directly decide the issue of return of the painting.  The grant of certiorari is to decide whether a trial court, in a case where jurisdiction is based on the Foreign Sovereign Immunities Act, should use the federal choice of law rule, which in this case chose Spanish law, or the choice of law rule for the state in which the court sits, which in this case would be the California rule.  If the court choses the federal rule, the case is over.  If the court chooses the California rule, the case goes back to the trial court to decide how the California choice of law rule would be applied. It might decide that the California choice of law rule would also select Spanish law, or it might decide that the California choice of law rule selects California law.
Bert  
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Herbert Lazerow
Professor of Law, University of San Diego
5998 Alcala Park, San Diego CA 92110
lazer@...
Author: Mastering Art Law (Carolina Academic Press, 2d ed. 2020)

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