Von Saher v. Norton Simon Museum of Art, No. 07-56691 - - U.S. Ninth Circuit
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Von Saher v. Norton Simon Museum of Art, No. 07-56691

In an action against a museum seeking the return of paintings believed to have been looted by Nazis, dismissal of the complaint is reversed and remanded where: 1) Cal. Civ. Proc. Code section 354.3, which extends the statute of limitations until 2010 for actions for the recovery of Holocaust-era art, infringes on the national government's exclusive foreign affairs powers; but 2) it was possible that plaintiff may be able to bring her action within the three-year statute of limitations set forth in Cal. Civ. Proc. Code section 338.

Read Von Saher v. Norton Simon Museum of Art, No. 07-56691

Appellate Information

Argued and Submitted December 8, 2008

Filed August 19, 2009

Judges

Opinion by Judge Thompson

Dissent by Judge Pregerson

Counsel

For Appellant:

Lawrence M. Kaye, Herrick, Feinstein LLP, New York, NY

For Appellees:

Fred Anthony Rowley, Jr., Munger, Tolles & Olson LLP, Los Angeles, CA