Detroit judge dismisses lawsuit over control of van Gogh art
A judge has dismissed a lawsuit over control of an 1888 painting by Vincent van Gogh
Detroit judge dismisses lawsuit over control of van Gogh art
Show all 2Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.A judge on Friday dismissed a lawsuit over control of an 1888 painting by Vincent van Gogh, saying federal law bars him from stepping into a dispute between a Brazilian collector and a Detroit museum.
The painting of a woman with a book, titled “The Novel Reader,” is protected from seizure, and the Detroit Institute of Arts can't be ordered to give it up, U.S. District Judge George Caram Steeh said.
The painting has been part of a monthslong van Gogh exhibition that ends Sunday. Dozens of paintings by the Dutch master are on loan to the museum.
Attorneys for Brazilian collector Gustavo Soter filed a lawsuit last week, declaring that he bought the art in 2017 for $3.7 million but hadn’t been able to locate it after giving it to a third party.
Brokerarte Capital Partners LLC and Soter, its sole proprietor, had asked the judge to order the museum to surrender the painting.
The museum hasn’t publicly disclosed how it obtained the painting for the show, saying only that it came from Brazil. Steeh, however, said the museum is “blameless.”
The painting was not listed as stolen by the FBI or the international Art Loss Register, the museum said.
The judge noted that federal law protects the temporary sharing of international art or works of cultural significance, a defense raised by the museum.
“Requiring an institution to ultimately bear the burden of proof in court that a foreign lender had a legal right to loan an object before it can assert that the object is immune from seizure would be circuitous, would not further the (law's) stated purpose and would likely result in a chilling effect on cultural exchanges,” Steeh said.
An email seeking comment was sent to lawyers for Brokerarte Capital and Soter.
___
Follow Ed White at http://twitter.com/edwritez
Subscribe to Independent Premium to bookmark this article
Want to bookmark your favourite articles and stories to read or reference later? Start your Independent Premium subscription today.