Legal Opinion

Cassirer v. Thyssen-Bornemisza Collection Foundation

Court of Appeals for the Ninth Circuit

Decided December 9, 2013No. 16-36045PublishedCited by 10 opinions

1Opinion of the Court

OPINION

PREGERSON, Circuit Judge:

The Cassirers appeal the district court’s grant of the Thyssen-Bornemisza Collection Foundation’s motion to dismiss their complaint without leave to amend. The Cassirers’ lawsuit seeks to recover a masterpiece French impressionist painting that was allegedly taken from their ancestors by the Nazi regime. For the Cassir-ers’ claims to be timely, they must rely on amended California Code of Civil Procedure § 338(e)(3), which provides for a six-year limitation period for the recovery of fine art against a museum, gallery, auctioneer, or dealer. The district court…

2Cases cited15 opinions

  1. Von Saher v. Norton Simon Museum of Art at PasadenaCourt of Appeals for the Ninth Circuit · 2010
  2. Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
  3. General Motors Corp. v. RomeinSupreme Court of the United States · 1992
  4. Minneapolis Star & Tribune Co. v. Minnesota Commissioner of RevenueSupreme Court of the United States · 1983
  5. Campbell v. HoltSupreme Court of the United States · 1885

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3Cited by10 opinions

  1. Pedro Rosales-Martinez v. Colby PalmerCourt of Appeals for the Ninth Circuit · 2014
  2. Cassirer v. Thyssen-Bornemisza Collection FoundationCourt of Appeals for the Ninth Circuit · 2017
  3. Michiko Gingery v. City of GlendaleCourt of Appeals for the Ninth Circuit · 2016
  4. David Cassirer v. Thyssen-Bornemisza CollectionCourt of Appeals for the Ninth Circuit · 2024
  5. David Cassirer v. Thyssen-Bornemisza CollectionCourt of Appeals for the Ninth Circuit · 2023

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