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Judge dismisses lawsuit over Van Gogh painting at DIA
A US district judge ruled that the DIA does not have to hand over the painting. The judge says the artwork is protected by a federal law granting immunity to foreign artwork on display in the United States.
DETROIT (FOX 2) - Ruling in favor of a Brazilian art collector, a federal appeals court has ordered the Detroit Institute of Art to hold onto a famous work painted by Vincent van Gogh.
The ruling paused a move from a lower court that denied the collector's request for the DIA retain possession of the painting, named "The Novel Reader". It had been on display during the museum's exhibit on the Dutch painter.
The latest development follows a string of court battles between Brokerarte Capital Partners, LLC, and the DIA this year.
In its request for an appeal of the U.S. District Court's ruling with the DIA, Brokerarte argued it was likely to succeed in court because no one was arguing it wasn't the rightful owner of the painting. Instead, it said the only reason the museum hadn't handed the painting over was because a court "cannot compel the museum to turn over the painting…"
Because the Van Gogh exhibit has ended, the DIA was expected to surrender possession of the painting back to a third party company.
"If this happens, Brokerarte will lose the chance to recover the Painting, for which it has been searching for years," the motion reads.
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In a Jan. 25 filing, the U.S. Court of Appeals for the Sixth Circuit said an administrative stay was necessary because the plaintiff had raised issues "that deserve full pleading and reasoned consideration."
"The purpose of [an] administrative stay is to give the court sufficient opportunity to consider the merits of the motion for a stay pending appeal."
The DIA is required to respond by Jan. 30.