Andrew J. Orkin F. Mark Orkin Sarah-Rose Josepha Adler A. Heinrich Zille v. Elizabeth Taylor

Good Law
487 F.3d 734·2007 WL 1452924·2007 U.S. App. LEXIS 11623
United States Court of Appeals for the Ninth CircuitMay 18, 200705-55364California3,678 words

Opinion

Opinion

Thomas, J.

Descendants of Jewish art collector Margarete Mauthner (collectively, “the Or- kins”) claim that their ancestor was wrongfully dispossessed of a painting during Hitler’s Nazi regime, entitling them to ownership of the painting, which was later purchased by actress Elizabeth Taylor. In this appeal, we conclude that the Holocaust Victims Redress Act does not create a private right of action and that the Or-kins’ state law claims are barred by the statute of limitations. We affirm the judgment of the district court, dismissing the complaint.

I

Vincent van Gogh is said to have reflected that “paintings have a life of their own that derives from the painter’s soul.” The confused and perhaps turbulent history of his painting Vue de l’Asile et de la Chapelle de Saint-Rémy may prove the truth of his observation.

In 1889, a few months after cutting off the lower part of his left ear following a dispute with Paul Gauguin, van Gogh entered the Saint-Paul-de-Mausole asylum near the town of Saint-Rémy-de-Pro-vence. During this period of his life, he produced over 150 paintings, including some of his most famous works, such as The Starry Night In the summer or fall of 1889, he painted Vue de…

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