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Lloyd Webber Dismissal Affirmed

By Intellectual Property Law, Esq.

The Appellate Division has affirmed the dismissal, on standing grounds, of a lawsuit against the Andrew Lloyd Webber Art Foundation by a man who claimed his great-uncle was forced by the Nazis to sell a Picasso painting now owned by the foundation. I discussed the lower court decision here. Am Law Litigation Daily's Alison Frankel has a good summary:

"Under New York law, the appellate division opinion says, Schoeps would have had to show that he had been appointed the personal representative of his great-uncle's estate. Instead, the record showed only that he was one of several heirs .... That's quite a different result than what Schoeps ... achieved in similar litigation [before Manhattan federal district court judge Jed Rakoff] with the Museum of Modern Art and the Guggenheim Museum. The state appellate court expressly rejected Rakoff's reasoning on Schoeps's standing."

Full post as published by The Art Law Blog on August 15, 2009 (boomark / email).