In Long-Running Dispute Over Pissarro Masterpiece Looted by Nazis, Judge Reluctantly Rules Against Heirs
U.S. District Judge John Walter wrote that he had "no alternative but to apply Spanish law and cannot force the Kingdom of Spain or TBC to comply with its moral commitments."
April 30, 2019 at 08:06 PM
3 minute read
The original version of this story was published on The Recorder
In a long-running legal fight over a Nazi-looted painting by French impressionist master Camille Pissarro, a federal judge in Los Angeles on Tuesday sided with the Spanish Foundation who currently holds the painting over the heirs who were seeking to reclaim it.
The parties in the case agreed that Lilly Cassirer Neubauer, the great-grandmother of the Cassirer plaintiffs, sold Pissarro's “Rue Saint-Honoré, après-midi, effet de pluie” in 1939 after a Nazi-appointed art dealer seized it to conduct an appraisal and valued it at the modern equivalent of $360. The masterpiece since has been appraised at more than $30 million.
U.S. District Judge John Walter on Tuesday held in a 34-page order that Madrid-based Thyssen-Bornemisza Collection Foundation (TBC), which manages the collection of art acquired by the Spanish state that includes the Pissarro, didn't have “actual knowledge” that the painting was stolen despite “red flags” that might have raised suspicions about the painting's record of ownership.
“In other words,” the judge wrote, “although failing to investigate the provenance of the painting may have been irresponsible under these circumstances, the Court concludes that it certainly was not criminal.”
Walter, however, wrote that he found the Foundation's refusal to return the painting “inconsistent” with the Kingdom of Spain's commitment to nonbinding principals that more than 40 countries signed onto in 1998 and 2009 vowing to return art found to have been taken by the Nazis before and during the Holocaust. Walter wrote that he had “no alternative but to apply Spanish law and cannot force the Kingdom of Spain or TBC to comply with its moral commitments.”
Nixon Peabody attorney Thaddeus Stauber, who represented the defense in the case, called the judge's opinion “meticulous” and “very thoughtful.”
“Ultimately the question put before him was 'Does the foundation have actual knowledge that the painting was stolen?'” Stauber said. “He finds very convincingly that they did not.”
“I think what's important here is that these are factual findings based on evidence,” he said. “Now that we've had a full trial on the merits we think this should bring a conclusion to the case.”
Boies Schiller Flexner's Stephen Zack, who represented Neubauer's heirs, didn't immediately respond to an email seeking comment Tuesday.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAn ‘Indiana Jones Moment’: Mayer Brown’s John Nadolenco and Kelly Kramer on the 10-Year Legal Saga of the Bahia Emerald
Travis Lenkner Returns to Burford Capital With an Eye on Future Growth Opportunities
Legal Speak's 'Sidebar With Saul' Part V: Strange Days of Trump Trial Culminate in Historic Verdict
1 minute readTrending Stories
- 15th Circuit Considers Challenge to Louisiana's Ten Commandments Law
- 2Crocs Accused of Padding Revenue With Channel-Stuffing HEYDUDE Shoes
- 3E-discovery Practitioners Are Racing to Adapt to Social Media’s Evolving Landscape
- 4The Law Firm Disrupted: For Office Policies, Big Law Has Its Ear to the Market, Not to Trump
- 5FTC Finalizes Child Online Privacy Rule Updates, But Ferguson Eyes Further Changes
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250