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Memorandum in opposition to defendant's motion to dismiss in re Laurel Zuckerman v the Metropolitan Museum 21 January 2017

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Following passage of the HEAR Act, a Memorandum was filed by Laurel Zuckerman, administrator for Alice Leffmann, in re the case v the Metropolitan Museum for Picasso's The Actor, opposing the Metropolitan;s motion to dismiss. The memorandum  spotlights the effect of the HEAR Act, also arguing that the law mooted the argument as filed.  The brief states:

Here, there is no question that: (a) the Complaint alleges that the Leffmanns lost the Painting in 1938 because of the persecution by the Nazis and their Fascist allies (e.g., Compl. ¶¶ 3, 9, 26-28, 42, 47); and (b) Plaintiff’s claim was pending as of the date of the Act’s enactment.  Accordingly, pursuant to the terms of the HEAR Act, Plaintiff’s claims are timely and the Museum is barred from raising the state statute of limitations to avoid resolution on the merits.

To read the Memorandum, click here.

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