Lawyer Commentary Mondaq United States Claim Alleging Derivative Possession Of Good Allegedly 'Taken' In Violation Of International Law Still Precluded By FSIA

Claim Alleging Derivative Possession Of Good Allegedly 'Taken' In Violation Of International Law Still Precluded By FSIA

Document Cited Authorities (1) Cited in Related

We discuss briefly the final installment (in the District Court) of the attempt to recover possession of a Van Gogh drawing allegedly sold away from the plaintiff's great-grandmother "under duress during the Nazi era in Germany for fraction of its fair value", Orkin v. The Swiss Confederation, 09 Civ. 10013 (S.D.N.Y. Mar. 2011) (LAK). An earlier dismissal in the case is discussed here. The District Court permitted the plaintiff a last chance to plead claims. The international practice rulings in the final decision, which dismisses the complaint for want of subject matter jurisdiction, include the following:

First, the District...

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