Pissarro’s Rue Saint-Honoré, dans l’après midi (1897)

Today, the U.S. Supreme Court issued its long-awaited decision in the protracted Cassirer litigation. The case, Cassirer v. Thyssen-Bornemisza Collection Foundation, involves the heirs of a Holocaust survivor seeking to regain a painting by Impressionist artist Camille Pissarro. The work was stolen by the Nazis in 1939. Interestingly, both parties acknowledge that the painting (Rue Saint-Honoré, dans l’après midi, 1897) was the subject of Holocaust-era looting. However, the law of Spain (where the painting is currently located) allows good faith purchasers to obtain good title to stolen works. In the U.S., which follows the nemo dat rule, a thief or subsequent possessor generally cannot acquire good title to a stolen object. Thus, the core of the dispute involved a choice-of-law analysis as to which country’s law would apply. A California district court and the Ninth Circuit had previously ruled that Spanish law should apply.

The question before the Supreme Court concerned the application of law to claims under the Foreign Sovereign Immunities Act (FSIA); namely, whether state or federal law should govern the case. David Boies, the attorney for one of the plaintiffs, argued that under the FSIA, a foreign state should receive the same treatment as a private individual under the same circumstances. This implicates the use of state (California) law. Thaddeus J. Stauber represents the Thyssen-Bornemisza Foundation (the Spanish museum currently in possession of the painting). He countered that federal common law should apply in order to reduce the chances of inconsistent decisions. The court found this argument unpersuasive. In a unanimous ruling penned by Justice Elena Kagan, the court determined that state (not federal) law guides the choice-of-law analysis. Cassirer was remanded to the lower court and will be heard under California law. Although the case is ongoing, this is a welcome clarification for attorneys who deal with foreign sovereigns in the U.S. judicial system.

Amineddoleh & Associates LLC previously successfully represented the government of Greece is a landmark antiquities dispute involving a jurisdictional dispute under the FSIA. We are currently representing the Republic of Italy in another litigation involving questions of foreign sovereign immunity. To date, we have secured favorable decisions in both cases.