From Chief Judge Loretta Preska's 110-page decision dated 9/30/2009 in United States v. Portrait of Wally, A Painting by Egon Schiele:
"As explained below, I find that abstention is not warranted, there is no genuine dispute that Wally was, and remains, stolen, and the Museum's laches defense and constitutional objections are without merit. The trier of fact must,
however, determine whether Dr. Leopold, and hence the Museum, knew Wally was stolen when shipped into this country."
Copyright law, fine art and navigating the courts. Author Copyright Litigation Handbook (Thomson Reuters Westlaw 2019-2020)
Thursday, October 01, 2009
Judge Finds Egon Schiele's Portait of Wally to Be Stolen: Leopold To Go on Trial
Labels:
art law,
art litigation,
art recovery,
egon schiele,
nazi art looting,
stolen art
Partner in law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2019-2020). The New York Law Journal called it "an indispensable guide". Board of Directors of the Fordham Law Alumni Association, former General Counsel & Director Federal Bar Association, FBA Chair of the Circuit VPs, ViP for Second Circuit. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014).
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