- News & Publications
- 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.
Steve participated in the Annual Meeting of the American College of Environmental Lawyers in Jackson Hole, Wyoming to review environmental law developments.
A London-based co-living developer closed on the purchase of a $55 million dollar development site in Bushwick, Brooklyn. Land Use counsel was provided by Paul Proulx.
Michael served on a panel hosted by Wilmington Trust designed to provide T&E professionals current information and trends impacting the T&E practice today.
Judge Alison J. Nathan adopted a report that determined that the iconic artwork, "The Mechanism of Meaning" by Shusaku Arakawa, and associated intellectual property rights, must be litigated in the New York Surrogate’s…
Carter Ledyard client Munro Investment Group Pty Ltd. saw the oppositions of two trademark applications dismissed by a panel of three Administrative Law Judges of the Trademark Trial and Appeal Board.
Faith served on a panel that covered market participants, regulators and industry experts, meant to enhance the ability to combat retail investor fraud.
The M&A Advisor's Emerging Leaders Awards recognize individuals under the age of 40 who have achieved significant success in the M&A industry.
Designed to showcase those exhibiting excellence in the practice of law, Super Lawyers® named forty Carter Ledyard attorneys to this year's list.
The Committee addresses issues related to estate planning, trust and law practice and the operation of Surrogate's Courts.
Fifteen attorneys across ten practice areas were named by Best Lawyers in their annual The Best Lawyers in America® rankings.
Jeff Boxer spoke with the New York Law Journal about the quality of services provided by a mid-sized law firm like Carter Ledyard.
Ms. Wallace has been a partner at CLM since 2017 and practices Art Law, Environmental Law and Litigation.
Carter Ledyard filed an action in Manhattan's Federal District Court against Pinduoduo, Inc., a multi-billion dollar Chinese-language social e-commerce app.
Client Kaneka Corporation was awarded a default judgment against a Chinese importer...
Ms. Mann was asked to comment on the lawsuit alleging that the Trump Foundation charity used funds for personal and political purposes.