California Appellate Court Rules Against Heirs in Legal Battle Over Nazi-Looted Painting
In a landmark decision, a California appellate court has ruled against the heirs of Lilly Cassirer, a Jewish woman who was forced to surrender a valuable painting to the Nazis in a desperate bid for an exit visa from Germany in 1939. The lawsuit, centered around a Camille Pissarro masterpiece titled “Rue Saint-Honoré Après-midi, Effet de Pluie,” has captivated art enthusiasts and legal experts alike.
Estimated to be worth millions of dollars, the painting found its way into the hands of the Thyssen-Bornemisza Collection Foundation, ultimately ending up in a Spanish government-owned museum. The plaintiffs filed a lawsuit in California, arguing that they are the rightful owners of the artwork and demanding its return.
However, the U.S. Court of Appeals for the Ninth Circuit delivered a blow to their cause by ruling that Spanish law, not California law, applies to the case. This decision is based on the fact that the museum acquired the painting in 1993 and has since established “prescriptive title” over it under Spanish law.
David Cassirer, Lilly’s great-grandson and the principal plaintiff in the case, remains undeterred. His lawyer, Sam Dubbin, plans to seek an en banc review, hoping that a panel of 11 judges will overturn the recent ruling. Dubbin strongly believes that the court’s decision was gravely mistaken and is resolute in his ongoing fight for the repatriation of the painting to its rightful owners.
This legal battle highlights the complex and emotive issue of Nazi-looted artwork and the ongoing quest for justice by the families of those who suffered immeasurable losses during the Holocaust. While the latest ruling delivers a setback to the Cassirer family’s hopes of reclaiming their ancestor’s painting, it also underscores the challenges posed by international legal frameworks when grappling with restitution claims spanning decades and continents.
As the dispute continues to unfold, art world observers will eagerly await the outcome of any potential en banc review, with implications that extend far beyond this specific case. The tables may yet turn in favor of the Cassirer family, reigniting discussions about the moral responsibility of institutions and governments to address historical injustices and facilitate the long-overdue return of stolen cultural treasures.
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