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- Federal Court Grants Carter Ledyard’s Motion to Dismiss Federal Lawsuit Claiming Ownership of Iconic Artwork On the Basis of the “Probate Exception”
Federal Court Grants Carter Ledyard’s Motion to Dismiss Federal Lawsuit Claiming Ownership of Iconic Artwork On the Basis of the “Probate Exception”
On September 28, 2018, U.S. District Judge Alison J. Nathan granted a motion to dismiss a federal lawsuit against CLM clients the Estate of Madeline Gins, its executors, and the Reversible Destiny Foundation. Judge Nathan adopted the 33-page report and recommendation issued by Magistrate Judge Barbara Moses determining that the iconic artwork “The Mechanism of Meaning” by Shusaku Arakawa, and the intellectual property in that artwork, is under the legal control of the executors of the Estate of Madeline Gins and within the “custody” of the New York probate court, and therefore any dispute over ownership must be litigated in the New York Surrogate’s Court.
Carter Ledyard & Milburn LLP sought dismissal of a federal lawsuit claiming ownership of the work and associated intellectual property rights based on the “probate exception” to federal jurisdiction and failure to allege registration of copyright, among other grounds. Carter Ledyard attorneys Gary D. Sesser, Judith Wallace, Melissa Erwin and Madelyn White represented the Estate of Madeline Gins, its executors, and the Reversible Destiny Foundation in seeking dismissal of the lawsuit.
Surrogate Nora Anderson rejected an attempt to dismiss the Petition of our client Radio Drama Network, to invalidate testamentary instruments that deprived it of a $100 million bequest from its founder Himan Brown.
In an article recently published in Think Advisor, Guy Lander, Alex Malyshev and Matt Schwartz survey the advantages and risks of investing in the Cannabis industry.
Our new blog delivers news and commentary on the unique issues facing the nonprofit sector. For more information, and to subscribe, visit teobulletin.com.
Known as the “Tombs Angel,” Ms. Foster was a volunteer in the court’s criminal justice system who devoted much of her adult life to serving imprisoned New Yorkers.
The conference highlighted the bridges of progress and prosperity being built between the New York and Belfast business communities.
Despite legalization in numerous states, the use of marijuana for any purpose remains barred by federal law, and the ban still has considerable power to damage businesses with activities that are otherwise legal.
Our 2018 Year in Review highlights the cutting-edge work of our clients and the ways we helped them succeed.
Matt Dunn, Ted McDonough and Steve Glusband outline the basic principles of individual liability under the Foreign Corrupt Practices Act (FCPA), specifically as it relates to directors and officers.
The NY Supreme Court dismissed all claims against Carter Ledyard clients Fox Capital Group Inc., and Commonwealth Merchant Advance Inc.
The women lawyers of Carter Ledyard hosted a lively evening at the Center for Book Arts featuring filmmaker and visual artist Zeva Oelbaum and author, photographer, and collector Dr. Alice Kandell.
As the the cannabis industry continues to grow, investment interest is unmistakable. Alex Malyshev identifies precautionary signs that may help investors' awareness of Risk Factors in various disclosure documents.
Karen's article identifies portability as a useful estate planning tool, but suggests it is no substitute for thoughtful estate planning.
The firm is a proud partner of the Food Bank for New York City’s 2019 Justice Served Campaign.
PCG closed a multi-million dollar capital investment in Independent Financial Partners (IFP), facilitating IFP’s launch of a new online platform.
Client Advisory: Jeff Boxer and Alex Malyshev discuss the Supreme Court's recent unanimous decision in Henry Schein, Inc. v. Archer & White Sales, Inc., and what it means for arbitration.