Displaying items by tag: federal judge

A federal judge in Los Angeles has declined to order the return of an Impressionist painting to the relatives of a Jewish woman who was forced to sell the work for $360 to a Nazi art appraiser in 1939.

The ruling came after a decade-long dispute over ownership of the 1897 canvas, “Rue Saint-Honoré, Après-midi, Effet de Pluie,” a Paris street scene by Pissarro, which is in the Thyssen-Bornemisza Museum in Madrid. The judge, John F. Walter of United States District Court, rejected a claim by relatives of the woman, Lilly Cassirer, who sued the museum and Spain seeking to have the painting turned over to them or to be awarded damages.

A federal judge approved Detroit's bankruptcy plan today, allowing the city government to hit the reset button after its years of financial mismanagement. As part of the deal, which took a relatively speedy 16 months to complete, the city is eliminating $7 billion worth of debt—some creditors will be paid just 14 cents on the dollar—while slicing pension payments to its retired workforce by 4.5 percent (and ending their cost of living increases, and upping their health plan costs, and ... you get the idea, it's unpleasant). Meanwhile, the blueprint sets aside $1.7 billion over the next decade to cover critical needs, like demolishing abandoned homes and buying new fire trucks and ambulances.

As many outlets are noting, the bankruptcy could have been far lengthier, and even more painful for retirees, had it not been for an unusual deal designed to save the Detroit Institute of Arts while minimizing cuts to pensions.

A federal judge has dismissed the claims of a Russian man who said that he was the rightful owner of Vincent van Gogh’s “The Night Cafe.” The painting, which was created in 1888, has been on display at the Yale University Art Gallery in New Haven, Connecticut, for around 50 years.

Pierre Konowaloff, who claimed that the work was stolen from his family during the Russian revolution, asked Yale for the return of the painting or $120 million to $150 million in damages. Yale sued in 2009 to assert its ownership rights and to prevent Konowaloff from claiming the work. Judge Alvin Thompson sided with the University, citing the Act of State doctrine, which says that every sovereign state is bound to respect the independence of every other sovereign state, and that courts will not criticize another government’s acts done within its own territory.

Konowaloff claimed that his great-grandfather purchased “The Night Cafe” in 1908 and that his property was nationalized by Russia during the Communist revolution. The painting was later sold by the Soviet government.

Yale received the van Gogh painting through a bequest from alumnus Stephen Carlton Clark, who had purchased the painting from a New York City gallery in 1933 or 1934. 

A federal judge has dismissed a lawsuit brought against The New Yorker and one of its writers by Peter Paul Biro, a forensic art expert. Biro was the subject of a 16,000-word article about art authentication and the process of matching fingerprints on paintings to the artists who created them. Biro claimed that the article, which was published in The New Yorker in July 2010, left readers with a negative impression of him and his work.

Judge J. Paul Oetken dismissed the case saying that the writer, David Grann, did not act “recklessly” or vilify Biro. The ruling, which was released on Thursday, August 1, 2013, applied to Gawker Media, Business Insider, two additional websites and a biography of Jackson Pollock published by Yale University that mentioned Grann’s New Yorker article.

Biro’s lawyer, Richard Altman, said that they plan to appeal the court’s ruling.

A federal judge will settle an ownership dispute over a Pierre-Auguste Renoir (1841-1919) painting that was purchased at a flea market in West Virginia for $7. The FBI is currently holding the painting until the argument is settled.

Marcia “Martha” Fuqua claims to have purchased the painting in 2009 and subsequently stored it in a trash bag until she had the work authenticated two years later. After learning that the painting was an authentic Renoir, Fuqua planned to sell the work at auction; it was expected to garner around $75,000. However, Fuqua’s plan was foiled when documents from the Baltimore Museum of Art surfaced, revealing that the painting had been stolen in 1951. It was later determined that an insurer, the Fireman’s Fund, paid a $2,500 claim on the theft; the insurer is now battling Fuqua for ownership of the painting.

Paysage bords de Seine (1879) is believed to have been painted by Renoir on the spot for his mistress. An appraiser hired by the FBI estimated the painting’s worth at approximately $22,000, considerably less than Fuqua’s appraisal as concerns regarding the painting’s ownership and possible theft have lowered its value.

U.S. District Judge Leonie Brinkema ordered Fuqua and the Fireman’s Fund to make their cases in written pleas later this month. The FBI is still investigating the case.