Denial of restitution in the United States Court of Appeals’ verdict in case of Marei von Saher v. Norton Museum of Art at Pasadena and Norton Simon Art Foundation

Von Saher v. Norton Simon Museum of Art at Pasadena, No. 16-56308 (9th Cir. 2018), 30 July 2018

Authors

  • Paula Chmielowska

DOI:

https://doi.org/10.26881/gsp.2021.2.20

Keywords:

artworks, restitution, judicial claim, ownership, war plunder, institutional facilitator

Abstract

In a disappointing ruling that rejected the appeal of Holocaust claimant Marei von Saher, the United States Court of Appeals for the Ninth Circuit decided on 30 July 2018 that the Norton Simon Museum in Pasadena (respondent) can keep Lucas Cranach the Elder’s works Adam and Eve. Von Saher is the sole heir of the Jewish art dealer Jacques Goudstikker, who died in 1940 leaving behind a vast art collection that was then sold to German officer. The family has been trying to regain these items as they were sold in a very peculiar manner. This was von Saher’s third attempt at obtaining the restoration of the paintings. The district court in 2007 dismissed the action with prejudice. Von Saher appealed, and the court of appeals affirmed the sentence. After von Saher appealed for the last time, the court gave its final decision.

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References

Dermasin B., Art and Cultural Heritage Law: Developments and Challenges in Past and Presents, Conference, Maastricht, 27–28 March 2011.
Roet A., “The Netherlands is Still Hoarding a Massive Collection of Art Looted From Jews by Nazis,” Haaretz, 7 September 2017, https://www.haaretz.com/world-news/europe/.premium. MAGAZINE-netherlands-still-hoards-massive-collection-of-nazi-looted-art-1.5449074 (accessed: 16.04.2021).
Shirer W.L., The Rise and Fall of the Third Reich: A History of Nazi Germany, Simon & Schuster, New York – London – Toronto 1960.

Published

2021-07-06

How to Cite

Chmielowska, P. . (2021). Denial of restitution in the United States Court of Appeals’ verdict in case of Marei von Saher v. Norton Museum of Art at Pasadena and Norton Simon Art Foundation: Von Saher v. Norton Simon Museum of Art at Pasadena, No. 16-56308 (9th Cir. 2018), 30 July 2018. Gdańsk Legal Studies, (2(50)/2021), 269–275. https://doi.org/10.26881/gsp.2021.2.20

Issue

Section

Glosy i przegląd orzecznictwa