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


Jan Meisels Allen
 

 

 

From: Jan Meisels Allen <janmallen@...>
Sent: Thursday, September 30, 2021 10:17 AM
To: IAJGS Leadership Forum <leadership@...>
Subject: (US) Supreme Court Agrees to Hear Museum Win in Nazi-Plundered Art

 

      

 

 

The United States Supreme Court has agreed to review a Ninth Circuit decision that affirmed a lower court’s judgement that a Spanish Museum did not break that country’s laws by acquiring a Camille Pissarro painting stolen by the Nazis.  The case was originally posted about  to this forum in August 2020.

 

The petition may be read at: https://www.supremecourt.gov/DocketPDF/20/20-1566/178522/20210506160846736_Cassirer_Petition%20For%20A%20Writ%20Of%20Certiorari.pdf

 

The painting is, "La Rue St. Honoré, effet de Soleil, Après-Midi, 1898,” (Rue Saint-Honoré, Afternoon, Rain Effect,) an oil-on-canvas work of a rain-swept Paris street that Pissarro painted as he gazed at the scene from his hotel window.

 

Lilly Cassirer’s father-in-law bought it directly from Pissarro’s art dealer and left it to her and her husband when he died. In 1939, she traded it to the Nazis in exchange for exit visas for herself, her husband and her grandson, who eventually settled in the U.S. Her great-grandson, David Cassirer of San Diego, has continued the litigation since his father's death.

 

Neither Cassirer's heirs nor Spain's Thyssen-Bornemisza Museum dispute the painting's early history.

 

What's at issue all these years later is whether Baron Hans Heinrich Thyssen-Bornemisza made any serious effort to determine the painting was looted art when he acquired it from a New York gallery owner for $275,000 in 1976.  Also in question is whether the Spanish curators did their due diligence in tracing its provenance when a Spanish nonprofit foundation acquired it and hundreds of other paintings from the baron's collection in 1992 and created the Madrid museum that bears his name.

 

Lilly Cassirer’s heirs say she spent years trying to recover the painting before concluding it was lost and accepting $13,000 in reparations from the German government in 1958.

 

It wasn’t until 1999 that her grandson, Claude, who had vividly recalled seeing it hanging in the family's German home, discovered it in the Madrid museum. After Spain refused to hand it over, he sued.


To read more see:  https://www.nytimes.com/aponline/2020/08/18/us/ap-us-nazi-looted-art.html

 

 

Jan Meisels Allen

Chairperson, IAJGS Public Records Access Monitoring Committee

 


michele shari
 

I am thrilled that our US Supreme Court agreed to take this case and hopefully right a serious wrong and error done by the lower court and restore this art to the family.
Michele Farkas
Boynton Beach, FL

researching Farkas in Transylvania/Hungary (Carei, Tasnad, Cluj, Kisvarda, Margitta, Satumare), Weiszhauz/Weisshaus (Vamospercs), Rosenfeld (Vamospercs), Isak/Izsak, Taussig/Tauszik, Schein, Pollak (married Farkas), Jakab (married Farkas)

Researching Stauber/Stober/Shtauber (Viseu and surrounding towns, Maramures, Romania), Deutsch, Malek/Malec, Fischman, Genud/Genuth, Apter, Herstik/Hershtik/Herstig, Teszler/Tessler, Davidovici, Ganz/Gancz, Paszternak, Feig, Pollak, Jakab

Researching Kaufman, Horowitz, Hurwitz/Gurevitz, Potashnik/Potasnik/Perlman, Perlmutter/Perelmutter, Lipsky, Leykin/Leikin, from Gomel, Minsk/Russia, Rosen and Resnick from Russia


Jan Meisels Allen
 

 

I have been advised that I posted the incorrect Pissarro painting to my original posting. The painting above is the correct Rue Saint-Honoré in the Afternoon. Effect of Rain - Pissarro, Camille. Museo Nacional Thyssen-Bornemisza.

The New York Times article originally mentioned is no longer posted. Instead for more information see: https://www.bakersfield.com/ap/national/us-supreme-court-to-hear-case-involving-california-familys-nazi-looted-painting/article_ca0b643c-ebc7-5e9c-902f-33af696f9c34.html

 

Jan Meisels Allen

Chairperson, IAJGS Pubic Records Access Monitoring Committee

From: Jan Meisels Allen <janmallen@...>
Sent: Thursday, September 30, 2021 10:17 AM
To: IAJGS Leadership Forum <leadership@...>
Subject: (US) Supreme Court Agrees to Hear Museum Win in Nazi-Plundered Art

 

  

 

 

The United States Supreme Court has agreed to review a Ninth Circuit decision that affirmed a lower court’s judgement that a Spanish Museum did not break that country’s laws by acquiring a Camille Pissarro painting stolen by the Nazis.  The case was originally posted about  to this forum in August 2020.

 

The petition may be read at: https://www.supremecourt.gov/DocketPDF/20/20-1566/178522/20210506160846736_Cassirer_Petition%20For%20A%20Writ%20Of%20Certiorari.pdf

 

The painting is, "La Rue St. Honoré, effet de Soleil, Après-Midi, 1898,” (Rue Saint-Honoré, Afternoon, Rain Effect,) an oil-on-canvas work of a rain-swept Paris street that Pissarro painted as he gazed at the scene from his hotel window.

 

Lilly Cassirer’s father-in-law bought it directly from Pissarro’s art dealer and left it to her and her husband when he died. In 1939, she traded it to the Nazis in exchange for exit visas for herself, her husband and her grandson, who eventually settled in the U.S. Her great-grandson, David Cassirer of San Diego, has continued the litigation since his father's death.

 

Neither Cassirer's heirs nor Spain's Thyssen-Bornemisza Museum dispute the painting's early history.

 

What's at issue all these years later is whether Baron Hans Heinrich Thyssen-Bornemisza made any serious effort to determine the painting was looted art when he acquired it from a New York gallery owner for $275,000 in 1976.  Also in question is whether the Spanish curators did their due diligence in tracing its provenance when a Spanish nonprofit foundation acquired it and hundreds of other paintings from the baron's collection in 1992 and created the Madrid museum that bears his name.

 

Lilly Cassirer’s heirs say she spent years trying to recover the painting before concluding it was lost and accepting $13,000 in reparations from the German government in 1958.

 

It wasn’t until 1999 that her grandson, Claude, who had vividly recalled seeing it hanging in the family's German home, discovered it in the Madrid museum. After Spain refused to hand it over, he sued.


To read more see:  https://www.nytimes.com/aponline/2020/08/18/us/ap-us-nazi-looted-art.html

 

 

Jan Meisels Allen

Chairperson, IAJGS Public Records Access Monitoring Committee

 


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  
--
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)