No. 18-1057

Marei von Saher v. Norton Simon Museum of Art at Pasadena, et al.

Lower Court: Ninth Circuit
Docketed: 2019-02-12
Status: Denied
Type: Paid
Amici (3)
Tags: act-of-state-doctrine art-restitution civil-rights due-process foreign-policy holocaust-assets looted-art nazi-looted-art property-rights sovereign-immunity sovereign-interest
Key Terms:
Takings JusticiabilityDoctri
Latest Conference: 2019-05-16
Question Presented (AI Summary)

Where artworks were forcibly confiscated from their Jewish owner by Nazi Reichsmarschall Hermann Goring, then recovered by the Dutch government after WWII, and are now in private hands in the U.S., and their ownership is now disputed between U.S. citizens

Question Presented (from Petition)

QUESTIONS PRESENTED Where artworks were forcibly confiscated from their Jewish owner by Nazi Reichsmarschall Hermann Goring, then recovered by the Dutch government after WWII, and are now in private hands in the U.S., and their ownership is now disputed between U.S. citizens, 1. May a court invoke the act of state doctrine to refuse to adjudicate true title based on Dutch proceedings when the Netherlands eschews any sovereign interest in the resolution of the dispute? And, 2. May a court invoke the act of state doctrine to refuse to adjudicate true title when such refusal is contrary to the express foreign policy of the United States concerning the recovery of looted Holocaust assets? (i)

Docket Entries

2019-05-20
Petition DENIED.
2019-04-30
DISTRIBUTED for Conference of 5/16/2019.
2019-04-29
Reply of petitioner Marei von Saher filed.
2019-04-15
Brief of respondents Norton Simon Museum of Art at Pasadena, et al. in opposition filed.
2019-03-14
Brief amicus curiae of The Commission for Art Recovery filed.
2019-03-14
Brief amici curiae of The 1939 Society, et al. filed.
2019-03-14
Brief amici curiae of Current and Former Members of Congress filed.
2019-02-28
Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2019.
2019-02-27
Motion to extend the time to file a response from March 14, 2019 to April 15, 2019, submitted to The Clerk.
2019-02-26
Blanket Consent filed by Respondents, Norton Simon Museum of Art at Pasadena; Norton Simon Art Foundation.
2019-02-12
Blanket Consent filed by Petitioner, Marei von Saher.
2019-02-08
Petition for a writ of certiorari filed. (Response due March 14, 2019)
2018-11-26
Application (18A543) granted by Justice Kagan extending the time to file until February 8, 2019.
2018-11-20
Application (18A543) to extend the time to file a petition for a writ of certiorari from December 10, 2018 to February 8, 2019, submitted to Justice Kagan.

Attorneys

Marei von Saher
Samuel Issacharoff — Petitioner
Samuel Issacharoff — Petitioner
Norton Simon Museum of Art at Pasadena; Norton Simon Art Foundation
Fred Anthony Rowley Jr.Munger Tolles & OLson, LLP, Respondent
Fred Anthony Rowley Jr.Munger Tolles & OLson, LLP, Respondent
Representative Carolyn B. Maloney (D-NY-12), et al.
Mary-Christine SungailaHaynes and Boone, LLP, Amicus
Mary-Christine SungailaHaynes and Boone, LLP, Amicus
The 1939 Society, Bet Tzedek, and The Joods Historisch Museum
Benjamin Gross ShatzManatt, Phelps, & Phillips, LLP, Amicus
Benjamin Gross ShatzManatt, Phelps, & Phillips, LLP, Amicus
The Commission for Art Recovery
Owen C. PellWhite & Case LLP, Amicus
Owen C. PellWhite & Case LLP, Amicus