Appellate Law

CA1: laches and holocaust painting case

By S. COTUS

Vineberg v. Bissonnette, No. 08-1136.  This is a holocaust case.  The Nazis forced someone to give up a painting because they were not German enough (strangely this sounds like some of the rhetoric I heard in the last election).  Eventually the painting made its way to the states and a dispute arose between the successors in interest to the original owner and the current owner. 

The only issue is whether the defendant was entitled to a laches defense.  Applying Rhode Island law, the First agrees that the successors pursued their claim diligently, and the possessors were not prejudiced.

The First says that ten months for discovery in this fairly simple case is adequate.

Full post as published by Appellate Law and Practice on November 19, 2008 (boomark / email).