Introductory Note to Cassirer v. Thyssen-Bornemisza Collection Foundation (9th Cir.)

Authors

Elena Baylis, University of Pittsburgh School of LawFollow

Document Type

Article

Publication Date

2024

Abstract

On January 9, 2024, the U.S. Ninth Circuit Court of Appeals issued a decision in Cassirer v. Thyssen-Bornemisza Collection Foundation. The case concerned ownership of a U.S. $30 million painting that had been stolen by the Nazis from its Jewish owner. More than six decades later, the pre-War owner's grandson discovered that the painting was on display in a Spanish museum and sought to reclaim it. The matter was in litigation in U.S. courts for almost twenty years. The outcome eventually turned on the issue of choice of law. This judgment illustrates the significance that choice of law analysis can have in Nazi-confiscated art cases. This case also demonstrates the continuing relevance and limitations of the Washington Principles. More generally, this highlights the tensions that can arise between the Washington Principles’ call for states to take action to achieve “just and fair solutions” for victims of Nazi art confiscations and the generally applicable legal standards that govern such cases in court.

Recommended Citation

Elena Baylis, Introductory Note to Cassirer v. Thyssen-Bornemisza Collection Foundation (9th Cir.), 63 International Legal Materials 1079 (2024).
Available at: https://scholarship.law.pitt.edu/fac_articles/609