• About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      • The “Interview” Project
  • Events
    • Worldwide Calendar
    • Our Events
      • All Events
      • Annual Conferences
        • 2026 Art Law Conference
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    • Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      • 2026
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
  • Log in
  • Become a Member
  • Donate
Center for Art Law
  • About
    About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      Additional resources
      • The “Interview” Project
  • Events
    Events
    • Worldwide Calendar
    • Our Events
      Our Events
      • All Events
      • Annual Conferences
        Annual Conferences
        • 2026 Art Law Conference
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    Programs
    • Visual Artists’ Legal Clinics
      Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      Summer School
      • 2026
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
Home image/svg+xml 2021 Timothée Giet Our articles image/svg+xml 2021 Timothée Giet AL Clippings image/svg+xml 2021 Timothée Giet Supreme Court Nonplussed by Claimant Endeavor to Recover Art in Von Saher v. Norton Simon Museum of Art
Back

Supreme Court Nonplussed by Claimant Endeavor to Recover Art in Von Saher v. Norton Simon Museum of Art

June 28, 2011

logo

Yesterday, on June 27, 2011, the United States Supreme Court denied Marei von Saher’s, heir of the famous art dealer, Jacques Goudstikker (1897-1940), petition to review the U.S. Court of Appeals of the 9th Circuit decision invalidating California statute extending time period for Holocaust victims to bring claims for return of Nazi-era looted art.  Von Saher v. Norton Simon Museum of Art, 578 F.3d 1016 (9th Cir. 2009). For details of the Von Saher claim, visit Commission for Art Recovery.

According to Herrick, Feinstein, LLP, firm representing the claimant, Von Saher “immediately moved to have the Court of Appeals reconsider its prior decision in light of an inconsistent ruling by that court in another case.” More details are likely to follow.  In the mean time, however, the decision by the Supreme Court to decline review of Von Saher v. Norton Simon, does not bode well for a certiorari petition submitted on behalf of Grosz heirs in Grosz v. MoMA, a New York case. Ray Dowd, attorney for the Grosz heirs is seeking review from the court of the last resort highlighting the “urgent national need for [the Supreme Court] to exercise its supervisory powers” to protect true owners of stolen property. Amicus brief urges the Supreme Court review of Grosz to hear the case and provide  guidance to stop “fundamental constitutional errors” that have recurred in cases seeking restitution of Nazi-era looted property.

The petition for a writ of certiorari for Grosz v. MoMA includes the following language, referencing Republic of Austria v. Altmann, 541 U.S. 677 (2004).

This Court has previously instructed that in a case involving possession and concealment of Nazi-looted art against an Austrian museum, all well-pleaded allegations are to be deemed true on a motion to dismiss. The Second Circuit, by affirming the district court’s consideration of settlement communications to work a forfeiture against the claimants, has created the problematic appearance that U.S. museums will not be subjected to the same standard as foreign museums.

Are the U.S. museums becoming heavens for stolen art (Norton Simon Museum of Art in Pasadena, Toledo Museum, Boston Museum of Art, MoMA)? They seem to be held to a different standard than foreign museums (Belvedere Palace in Vienna, Thyssen-Bornemisza Collection Foundation in Madrid).

Grosz request is urgent and suggestive but whether the Supreme Court finds it (more) worthy is another question all together.

 

Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.

Post navigation

Previous Patty Gerstenblith Presidential Appointee to Chair CPAC
Next Picasso drawing stolen in San Francisco

Related Art Law Articles

Benningson V Guggenheim Case Review Center for Art Law
Art lawCase ReviewLegal Issues in Museum Administration

Case Review: Bennigson v. Solomon R. Guggenheim Foundation

March 13, 2026
Center for Art Law Vivianne Diaz Article Portrait of Zborowski
Art lawCase Review

The Modigliani Forgery Epidemic Strikes Again?

January 13, 2026
Image Source: Public court documents filed in the Supreme Court of the State of New York. building burning
Case ReviewOpinionappraisalart insuranceart litigation

Perelman’s Art Damage Case Continued to Burn Through Court Last Week

June 23, 2025
AML Guide 2025

AML Guide 2025

Explore our updated AML Survey with key insights on how evolving regulations impact the art market.

Download here
Center for Art Law

Follow us on Instagram for the latest in Art Law!

As AI enters all parts of the legal sector, it has As AI enters all parts of the legal sector, it has also been implemented in Alternative Dispute Resolution mechanisms. The American Arbitration Association and the International Centre for Dispute Resolution recently introduced the "AI arbitrator" in November 2025. 

The process is relatively simple, though it remains reserved for construction cases and subject to the review of a human arbitrator. The tool was created to offer more cost- and time-efficient options. The question remains, if current ADR AI tools can be envisioned in art law disputes, particularly given the individualistic features of art law claims and how they may, or may not, be addressed through the use of AI in ADR procedures

📚 Click the link in our bio to read the full article by Marina Rastorfer!

#centerforartlaw #artlaw #legal #artlawyer #legalreserach #ailaw #aiart #adr #alternativedisputeresolution
Don't miss our upcoming conversation with Dr. Rubi Don't miss our upcoming conversation with Dr. Rubina Raja, Professor of Classical Archaeology and Art at Aarhus University, as she presents contemporary, collaborative approaches to combating the illicit trade in antiquities, with a particular focus on Palmyra (Tadmor), Syria.

Drawing on the historical relationship between collecting and looting, the discussion will highlight the Palmyrene Portrait Project, a corpus of over 4,000 funerary portraits from Palmyra compiled by Dr. Raja and her team since 2012. The project serves as a critical record of material that, in many cases, remained in situ prior to the outbreak of the Syrian Civil War.

Before its inception, this body of material had not been treated as a unified corpus, nor systematically digitized. Today, the project stands as both the largest corpus of individual Roman period portraits from a single urban context and an essential scholarly and practical tool for identifying objects from Palmyra as they emerge on the art market.

Please note this event will not be recorded. 

🎟️ Get tickets now using the link in bio!

#centerforartlaw #arlaw #artlawyer #legalresearch #culturalheritage #artcrime #antiquities
Recently some artist estates have loosened fair us Recently some artist estates have loosened fair use policies for non-profits. The Robert Rauschenberg Foundation is one such example. In an effort to promote Rauschenberg's work over short-term revenue gain, it implemented one of the first fair use policies for certain museums before widening it to the public at large. 

Artist engagement levels did increase, but the policy brought up other issues, including distinguishing non-profit from for-profit uses. 

📚 Click the link in our bio to read more in our article by Josie Goettel!

#centerforartlaw #artlaw #artlawyer #legalresearch #art #artistissues #artistestates #museumissues #iplaw #copyright #ip
Meet our stellar line up of speakers! Thomas Stau Meet our stellar line up of speakers!

Thomas Stauffer | Partner, Gerber & Stauffer Fine Arts; President, Swiss Art Trading Association @thomstauffer 

Stefan Puttaert | CEO, Nicola Erni Collection @stefanputtaert @nicolaernicollection 

Alana Kushnir | Founder & Principal, Aurelian Lawyers & Advisers @aurelianlawyersandadvisers 

Will Korner | Head of Fairs, TEFAF @willkorner 

Pascal Robert | Founder, Pascal Robert Gallery @pascalrobertgallery 

Irina Tarsis | Founder, Center for Art Law, Moderator

▪️See you this Saturday, June 13 | 11:30–13:00
Auditorium Willy G.S. Hirzel, Landesmuseum Zurich
Free & open to the public

▪️Official part of @zurichartweekend programme
June! Roses are in bloom, summer interns have comp June! Roses are in bloom, summer interns have completed two weeks of orientation and research, and the world is heating up. As we wrap up after the Summer School, with much gratitude to our faculty and students, and digest the Copyright Law Conference takeaways, we cannot wait for our panel discussion Art Markets & the World in Transition (what is not?!) during the Zurich Art Weekend (in town on June 13th? Join us!), and look forward to sharing new research and articles with you posthaste. 

Make sure to subscribe to our newsletter to get all of these updates and more! 

📚 Click the link in our bio to get a curated collection of art law news, our most recent published articles, upcoming events, and much more!!

#centerforartlaw #artlaw #artlawyer #lawyer #artissues #newsletter #june #legalresearch
In this episode of Art in Brief, Andrea and Paris In this episode of Art in Brief, Andrea and Paris speak with Will Korner, founder and director of the Cultural Heritage At Risk Database Foundation (CHARD). 

From conflict zones to disaster-stricken regions, Will discusses how documentation, collaboration, and technology can help safeguard the objects and stories that connect us to our shared past from illicit trade. He also explains how CHARD’s database can be used to cross-check whether stolen or missing cultural objects are appearing on the art market, including at auction, and what is at stake when these irreplaceable pieces of heritage are lost. 

🎙️ Check out the podcast anywhere you get your podcasts using the link in our bio! 

#centerforartlaw #artlaw #artlawyer #podcast #legal #research #legalresearch #newepisode #artmarket #culture #artcrime
Despite the passage of multiple anti-money launder Despite the passage of multiple anti-money laundering laws in the U.S. over the past two decades, the art market is still considered the "largest legal unregulated industry." Its perceived lax regulatory regime and various industry-specific factors, makes high-value art an attractive tool for laundering criminal proceeds. 

The rise in laundering through high-value art is mainly attributed to the high-dollar transactions values, the ease of transporting artwork across borders, the market's longstanding culture of privacy, and art's evolution as a financial asset. That said, the art market is not entirely unregulated. As this article shows, other mechanisms — including industry self-regulation, public pressure from high-profile litigation and settlements, and sanction laws — provide a certain regulatory structure.

📚 Click the link in our bio to read more!

#centerforartlaw #artlaw #legal #artlawyer #legalreserach #artmarket #AML #internationallaw #lawyer #artcrime #money
10 DAYS TO GO - MARK YOUR CALENDARS! Saturday, Ju 10 DAYS TO GO - MARK YOUR CALENDARS!

Saturday, June 13 | 11:30–13:00
Auditorium Willy G.S. Hirzel, Landesmuseum Zurich
Free & open to the public

With big gratitude to our sponsors, we look forward to welcoming you at the event!
📍June 13, 11:30 - 13:00 | Auditorium Willy G.S. Hi 📍June 13, 11:30 - 13:00 | Auditorium Willy G.S. Hirzel, Landesmuseum Zurich 

Free & open to the public

This June, as part of the official program of @zurichartweekend, we are bringing together some of the sharpest minds in the international art world for a candid conversation on what’s reshaping collecting today.

▪️Art Markets and the World in Transition: Frameworks Shaping Global Collecting

Geopolitics. Tariffs. AML regulation. Taxes. The rules of the art market are changing as fast as your news feed, and this panel is where experts unpack what that means for collectors, gallerists, and art lovers.

Speakers: 

Will Korner (TEFAF) · Alana Kushnir (Aurelian Lawyers & Advisers) · Pascal Robert (Pascal Robert Gallery) · Stefan Puttaert (Nicola Erni Collection) · Thomas Stauffer (SATA) ·  Irina Tarsis, Esq. (Center for Art Law, moderator)

The event sponsors to be announced soon! 

Link in bio to save your spot 🔗

#ZurichArtWeekend #ArtLaw #ArtMarket #Collecting #ZAW2026 LandesmuseumZürich CenterForArtLaw ArtAndLaw CrossBorderCollecting
Join the Center for Art Law for a conversation wit Join the Center for Art Law for a conversation with Dr. Rubina Raja, Professor of Classical Archaeology and Art at Aarhus University, as she presents contemporary, collaborative approaches to combating the illicit trade in antiquities, with a particular focus on Palmyra (Tadmor), Syria.

Drawing on the historical relationship between collecting and looting, the discussion will highlight the Palmyrene Portrait Project, a corpus of over 4,000 funerary portraits from Palmyra compiled by Dr. Raja and her team since 2012. The project serves as a critical record of material that, in many cases, remained in situ prior to the outbreak of the Syrian Civil War. 

Before its inception, this body of material had not been treated as a unified corpus, nor systematically digitized. Today, the project stands as both the largest corpus of individual Roman period portraits from a single urban context and an essential scholarly and practical tool for identifying objects from Palmyra as they emerge on the art market. 

🎟️ Get tickets now using the link in bio!

#centerforartlaw #arlaw #artlawyer #legalresearch #culturalheritage #artcrime #antiquities
On October 6, 2025, the Flemish Government announc On October 6, 2025, the Flemish Government announced plans to transform the Museum of Contemporary Art Antwerp (M HKA) into an art center — a change that would make the institution lose its legal museum status and transfer its collection to the Stedelijk Museum voor Actuele Kunst in Ghent. Losing this status will have huge legal, financial, and cultural repercussions for the M HKA. 

This decision raised strong reactions from the art world, denouncing the false administrative logic behind this reorganization, which, according to the Flemish Minister of Culture, aims to strengthen collaboration and coherence within the cultural landscape. How does this transfer truly impact the Belgian artistic landscape — and does it really contribute to any coherence, or does it instead destroy the long-term curation and expertise that the institution has built in Antwerp?

📚 Click the link in our bio to read the full article by Alexandra Kharchenko. 

https://itsartlaw.org/art-law/flemish-governments-plan-to-dismantle-m-hkas-collection-in-the-name-of-centralization-of-art/ 

#centerforartlaw #artlaw #legal #artlawyer #legalresearch #artcuration #MHKA #artcuration
Thank you to all of our sponsors for all of their Thank you to all of our sponsors for all of their help in executing our 2026 Art Law Conference!!

#centerforartlaw #artlaw #legalresearch #2026annualconference #2026 #auction #nonprofit
  • About the Center
  • Contact Us
  • Newsletter
  • Upcoming Events
  • Internship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
DISCLAIMER

Center for Art Law is a New York State non-profit fully qualified under provision 501(c)(3)
of the Internal Revenue Code.

The Center does not provide legal representation. Information available on this website is
purely for educational purposes only and should not be construed as legal advice.

TERMS OF USE AND PRIVACY POLICY

Your use of the Site (as defined below) constitutes your consent to this Agreement. Please
read our Terms of Use and Privacy Policy carefully.

© 2026 Center for Art Law