Originally posted 2010-11-09 10:15:18. Republished by Blog Post Promoter
The Second Circuit has scheduled oral argument on December 8 at 10 a.m. at the U.S. Courthouse 9th Floor Ceremonial Courtroom at 500 Pearl Street in a case called Grosz v. Museum of Modern Art. My firm, together with co-counsel Rowland & Petroff, represents the heirs of George Grosz who are appealing a decision of the U.S. District Court for the Southern District of New York. My Dunnington partners Thomas V. Marino and Luke McGrath are counsel on the brief. David Rowland and Patricia Hertling of Rowland & Petroff are also on the brief. It is a major case and I will be arguing for the appellants before a three-judge panel. As in Bakalar v. Vavra the Grosz Heirs are supported by a serious and scholarly amicus brief supporting reversal written by Professors Edward McGlynn Gaffney of Valparaiso University School of Law and Jennifer Anglim Kreder of the Salmon P. Chase School of Law, Northern Kentucky University who are the nation’s leading legal experts in this area. The learned Amici are, in turn, a veritable “Who’s Who” in Holocaust scholarship, education, law and history and include the American Jewish Congress and the Commission for Art Recovery.
MoMA is represented by Charles S. Sims of Proskauer Rose LLP. Proskauer and Mr. Sims represented the Republic of Austria in Altmann v. Austria. Mr. Sims recently argued before the U.S. Supreme Court and obtained a reversal of a Second Circuit decision in Reed Elsevier v. Muchnick.
The facts as set forth below were confirmed by an expert report prepared by Dr. Jonathan Petropoulos, the world’s leading expert in Nazi art looting cases, which expert report was proferred in support of our requests to obtain discovery into MoMA’s documents relating to Alfred Flechtheim. Read More…