United States Ninth Circuit

Dismissal of a complaint in an action brought to recover a masterpiece French impressionist painting that was allegedly taken from the plaintiffs' ancestors by the Nazi regime, is: 1) reversed in part and remanded, where the district court erred in concluding that California Code of Civil Procedure section 338(c)(3), the applicable statute of limitations, intruded on foreign affairs and therefore erred in striking section 338 down as unconstitutional on the basis of field preemption; but 2) affirmed in part, where defendant's due process challenge to section 338(c)(3) could not be resolved on defendant's motion to dismiss, and section 338(c)(3) does not violate the defendant's First Amendment rights.

Appellate Information

• Decided 12/09/2013
• Published 12/09/2013

Judges

• PREGERSON

Court

• United States Ninth Circuit

Counsel