Jack Solomon v. Judy Goffman Cutler

MEMORANDUM

Jack Solomon appeals the district court’s judgment, following a bench trial, in favor of Judy Goffman Cutler in this diversity action concerning a dispute over ownership of the Norman Rockwell painting, Russian Schoolroom (the “Painting”). On cross-appeal, Cutler challenges the district court’s grant of summary judgment in favor of Solomon and Art Loss Register, Inc. (“ALR”) on Cutler’s claims for defamation and intentional tort. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal.

I. FBI Teletypes

Evidentiary rulings are reviewed for abuse of discretion, and will not be reversed absent prejudice. Watec Co. v. Liu, 408 F.3d 645 , 650 n. 3 (9th Cir.2005). The challenged teletypes were produced by the FBI in response to a subpoena and are “recorded communications among FBI offices in St. Louis, New Orleans, Chicago, and New York regarding the location and status of the Russian Schoolroom in October and November 1988.” The district court did not abuse its discretion in admitting these documents…