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

Tag Archives: Restitution

Combining the Nazi Theft Exception in Senate Bill 2212 with Immunity from Seizure: Good Policy or Inconsistent Law?

Posted in Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, Foreign Sovereign Immunities, Immunity from Seizure Act, Restitution, Senate Bill 2212, World War II

Opposition to Senate Bill 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (a bill the Art Law Report favors in its frequent commentaries) has been renewed recently.  Senate Bill 2212 (already passed by the House of Representatives) would remove the mere display of a work of art in the United States as a satisfactory… Continue Reading

Commentary Takes Shape on S.B. 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

Posted in Collections, Customs, Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, Foreign Sovereign Immunities, Restitution, Senate Bill 2212, Uncategorized, World War II

It’s been a few weeks since the House passed the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (H.R. 4086) and sent it on to the Senate for consideration as S.B. 2212.  It has bipartisan sponsorship there (Dianne Feinstein and Orrin Hatch), but no word yet on when it will be put to a vote. As… Continue Reading

Russian Art Embargo News: Chabad Negotiations Over Russian Library Fail, Renewed Request for Contempt Sought

Posted in Collections, Foreign Sovereign Immunities, Restitution, World War II

After months of inactivity and intimations of a possible settlement, the Chabad plaintiffs seeking the return of the Schneerson library have had enough, and have renewed their request to the District Court to sanction the defendants who have not complied with prior orders to return the library.  A brief recap: various Russian state libraries have… Continue Reading

Full Appeal of Herzog Heirs’ Case Against Hungarian Museums Allowed

Posted in Foreign Sovereign Immunities, Restitution, World War II

  As discussed earlier in the Art Law Report, the Herzog heirs’ case against several Hungarian national museums survived dismissal (apart from their claims to 11 paintings whose ownership was litigated in Hungary previously).  The remaining question was how much of the case would be heard on appeal: only the narrow question of Hungary’s sovereign immunity,… Continue Reading

Russian Ship Turns Away from San Francisco as Part of Chabad Russian Art Embargo Dispute

Posted in Foreign Sovereign Immunities, Restitution

In a story that did not seem like it could get any more unusual, the long-running Chabad library dispute in Washington, DC that has resulted in a Russian fine art loan embargo for nearly a year took a maritime turn in San Francisco this weekend.  At the last minute, a sailing ship named the Nadezhda… Continue Reading

Herzog Case Against Hungarian Museums Focuses on Issues to Be Appealed

Posted in Foreign Sovereign Immunities, Restitution, World War II

With the recent decision in the Baron Herzog case dismissing some claims but allowing the bulk of the case to go forward, the next step is determining what issues can be appealed now.   Typically, only a final judgment can be appealed.  That is, even if the defendant was right about why the case should… Continue Reading

Hungarian World War II Restitution Case Will Go Forward

Posted in Foreign Sovereign Immunities, Restitution, World War II

The United States District Court has allowed significant parts of the claim brought by claimed heirs of Baron Mor Lipot Herzog to go forward.  The decision is significant for several reasons.  First, it is the most prominent restitution case currently at the trial level, and the case will now proceed into discovery of the facts.  Second,… Continue Reading