The brother of a deceased woman will have to make his case in federal court that a portrait of his sister painted by Andy Warhol should not be returned to a family trust created by his late sister and her husband, an Eastern District of Pennsylvania judge said.
The ruling comes in a Nov. 2 decision allowing a conversion and replevin claim filed by the woman’s husband to continue. U.S. District Court Judge John R. Padova dismissed defendant Neil Balick’s argument that the two-year statute of limitations for conversion and replevin claims had passed, since the husband, Robert Fenton, had only requested for the painting to be returned in June of this year. Padova, in a nine-page opinion in Fenton v. Balick, also decided the doctrine of laches did not apply to the case.
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