Art Law: S.D.N.Y. Grants Immunity to Bavaria, Dismisses Restitution Claim for Picasso’s “Madame Soler”

In an earlier post, I had reported about the restitution claim brought against Bavaria in New York in 2013. The heirs of Paul von Mendelssohn-Bartholdy were seeking the restitution of Picasso’s “Madame Soler” from the Bavarian State Painting Collection (Bayerische Staatsgemäldesammlungen). In a decision on June 27, 2014, Judge Rakoff dismissed the action, on the basis that  Bavaria was entitled to sovereign immunity. Continue reading

Art Law: U.S. Litigation in the Gurlitt Case Against Bavaria, Federal Republic of Germany

One of the posts here on the Gurlitt case was entitled Litigation is Coming Closer in Gurlitt Case. Nicholas O’Donnell reports in the Art Law Report today that the first case has indeed been brought –  by David Toren in the U.S. District Court for the District of Columbia against the Free State of Bavaria and the Federal Republic of Germany.  Nick’s post contains a summary of the facts, a discussion of the jurisdictional issues under the Foreign Sovereign Immunities Act and a link to the complaint.