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Painting Preemption With The Wrong Brush: The Misapplication Of The Preemption Doctrines In Von Saher V. Norton Simon Museum Of Art, Alexis H. Rossman

Alexis H. Rossman

Adolf Hitler and the Nazis looted thousands of works of art throughout World War II. After the war, many pieces were not returned to the rightful owners but instead remained in public and private collections throughout the United States and abroad. California enacted California Code of Civil Procedure Section 354.3 in response to difficulties encountered by plaintiffs seeking to recover these pieces. The statute created a forum in California courts for plaintiffs to bring claims as rightful owners of Holocaust-era artwork. The Ninth Circuit recently found that this statute was preempted by the federal government’s exclusive power to conduct foreign …