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Center for Art Law Case Law Updates

The following case selection first appeared in this week's Center for Art Law newsletter:

Schmitt v. Artforum Int'l Magazine, Inc., 2018 Slip Op 33345(U) (N.Y. Sup. Dec. 20, 2018). The New York Supreme Court has dismissed Amanda Schmitt's retaliation claim (https://www.google.com/url?q=https://itsartlaw.us2.list-manage.com/track/click?u%3D78692bfa901c588ea1fe5e801%26id%3D5b9147accf%26e%3D8a2eda70d8&source=gmail&ust=1549377238751000&usg=AFQjCNGbFmbVpMIT_XQGYofsZw1mWDCxSw) against her former employer and publisher of Artforum Magazine, Knight Landesman. Schmitt claimed that Landesman had harassed her and other women while working at the magazine. However, the statute of limitations on workplace sexual misconduct had expired and Schmitt proceeded under a retaliation claim. Judge Nervo nevertheless dismissed the case, finding that the five-year gap between Schmitt's employment at Artforum to the confrontation in question had removed the requisite nexus to sustain her claim. https://law.justia.com/cases/new-york/other-courts/2018/2018-ny-slip-op-33345-u.html?utm_source=Center+for+Art+Law+General+List&utm_campaign=5b56733dfc-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-5b56733dfc-346773625

De Csepel, et al. v. Republic of Hungary, et al., No. 17-1165 (U.S. Jan. 7, 2019). On January 7, 2019, the Supreme Court of the United States denied (https://www.supremecourt.gov/DocketPDF/17/17-1165/74114/20181204152445106_17-1165%20De%20Csepel.pdf?utm_source=Center+for+Art+Law+General+List&utm_campaign=4a99c9828a-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-4a99c9828a-&mc_cid=4a99c9828a&mc_eid=%5bUNIQID%5d&utm_source=Center+for+Art+Law+General+List&utm_campaign=5b56733dfc-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-5b56733dfc-346773625&mc_cid=5b56733dfc&mc_eid=8a2eda70d8) the Herzog family's petition for certiorari, which proposed that the Supreme Court examines questions of jurisdiction (http://www.dailyjournal.net/2019/01/07/us-supreme-court-hungary-art-lawsuit/?utm_source=Center+for+Art+Law+General+List&utm_campaign=4a99c9828a-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-4a99c9828a-&mc_cid=4a99c9828a&mc_eid=%5bUNIQID%5d&utm_source=Center+for+Art+Law+General+List&utm_campaign=5b56733dfc-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-5b56733dfc-346773625&mc_cid=5b56733dfc&mc_eid=8a2eda70d8). The Herzogs are heirs of Baron Mor Lipot Herzog, a Jewish art collector, whose artwork was stolen during WWII. The heirs have been unsuccessfully attempting to reclaim the works from Hungary.

Lehman Maupin v. Yoo, No. 1:18-cv-11126 (S.D.N.Y. filed Nov. 29, 2018). The Lehmann Maupin Gallery filed suit against its former director, Bona Yoo, who jumped ship to join Lévy Gorvy after giving her employer one day's notice. The complaint seeks to "prevent Yoo from gaining an unfair competitive advantage and recover damages it says it incurred when Yoo corrupted or deleted confidential information." The updated complaint is available upon request.

U.S. v. Mary Boone, No. 1:18-cr-00634 (S.D.N.Y. filed May 9, 2018). Mary Boone, the New-York based art dealer who pleaded guilty in September to two counts of tax fraud, is now seeking leniency because of "childhood trauma". The prosecution nonetheless seeks a three-year-sentence (https://news.artnet.com/art-world/mary-boone-tax-fraud-trial-1438561?utm_source=Center%20for%20Art%20Law%20General%20List&utm_campaign=5b56733dfc-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-5b56733dfc-346773625&mc_cid=5b56733dfc&mc_eid=8a2eda70d8). Sentencing was initially scheduled for January 18th, but has been postponed to February 14, 2019.

Dawson v. Stoko Gallery LLC, No. 1:2019cv00824 (S.D.N.Y. filed Jan. 28, 2019); Dawson v. Sperone Westwater Gallery LLC, No. 1:2019cv00825 (S.D.N.Y. filed Jan. 28, 2019); Dawson v. Pace Editions, No. 1:2019cv00681 (S.D.N.Y. filed Jan. 23, 2019). Deshawn Dawson filed more than 23 lawsuits before the Southern District of New York against various galleries in the last month (https://hyperallergic.com/482319/more-than-75-new-york-galleries-hit-with-lawsuits-alleging-ada-violations/?fbclid=IwAR0jIiYgOYMQ169rJJ089OhVhRvnM70dr4r8_cGG3nutW2IKY1EdQ2WoGOI&utm_source=Center+for+Art+Law+General+List&utm_campaign=4a99c9828a-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-4a99c9828a-&mc_cid=4a99c9828a&mc_eid=%5bUNIQID%5d&utm_source=Center+for+Art+Law+General+List&utm_campaign=5b56733dfc-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-5b56733dfc-346773625&mc_cid=5b56733dfc&mc_eid=8a2eda70d8), alleging that they have violated the Americans with Disabilities Act by failing to make their websites accessible to blind or visually impaired people. Apparently, these websites lack a code that would enable screen-reading software in browsers to describe images via audio translation.

*Erratum (newsletter June 2018): Shagalov v. Edelman, 6449N 655576/17 (N.Y. App. Div. May 3, 2018). The New York State Appellate Division affirmed a lower court order granting a preliminary injunction to enjoin defendants Asher Edelman et al. from "transporting, transferring, disposing, alienating, pledging, assigning, or otherwise encumbering or moving Keith Haring's 'Untitled (March 5, 1984)' and Frank Stella's 'Guifa E La Berretta Rossa' and 'La Scienza della Fiacca.'" The plaintiffs, represented by Barton, LLP, successfully demonstrated that they would be "irreparably harmed absent the requested preliminary injunction" and met their burden of "establishing a reasonable probability of success on the merits of their claim that defendants violated their UCC Article 9 rights." (https://www.law.cornell.edu/ucc/9?mc_cid=1828a75f39&mc_eid=88512bac9d) The decision is available here https://www.courtlistener.com/opinion/4494991/shagalov-v-edelman/?mc_cid=1828a75f39&mc_eid=88512bac9d.

The Center for Art Law strives to create a coherent community for all those interested in law and the arts. Positioned as a centralized resource for art and cultural heritage law, it serves as a portal to connect artists and students, academics and legal practitioners, collectors and dealers, government officials and others in the field. In addition to the weekly newsletter (http://cardozo.us2.list-manage.com/subscribe?u=78692bfa901c588ea1fe5e801&id=022731d685), the Center for Art Law subscribers receive updates about art and law-related topics through its popular art law blog (http://itsartlaw.com/blog/)and calendar of events (http://itsartlaw.com/events/). The Center for Art Law welcomes inquiries and announcements from firms, universities and student organizations about recent publications, pending cases, upcoming events, current research and job and externship opportunities. To contact the Center for Art Law, visit our website at: www.itsartlaw.com or write to itsartlaw@gmail.com.

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This page contains a single entry from the blog posted on February 4, 2019 4:06 PM.

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