What Should Happen Next in Cassirer?
Most of the procedural questions that arise in domestic litigation have a counterpart in transnational litigation. In Cassirer v. Thyssen-Bornemisza Collection Foundation, the Supreme Court confronted the transnational counterpart to Klaxon v. Stentor Electric Manufacturing Co., a much-debated choice-of-law case decided in 1941. As Justice Kagan noted in her opinion for a unanimous Court, “[a]lthough…
Continue ReadingCassirer and FSIA Choice of Law
Today the Supreme Court unanimously resolved an important case about choice of law under the Foreign Sovereign Immunities Act (FSIA). Cassirer v. Thyssen-Bornemisza Collection Foundation is a lawsuit about the ownership of a Camille Pissarro painting, surrendered by Lilly Cassirer to the Nazis and now held by a foundation created and controlled by the Government…
Continue ReadingSupreme Court decides Cassirer v. Thyssen-Bornemisza Collection Foundation
The Supreme Court today unanimously held in Cassirer v. Thyssen-Bornemisza Collection Foundation that state choice-of-law rules apply in cases brought against foreign sovereigns alleging non-federal claims.
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