Lawsuit Against Pace Gallery Owners Over Agnes Martin Works Dismissed & Other Art World Headlines

Author:Ms Jana S. Farmer and Jacqueline M. Bertelsen
Profession:Wilson Elser Moskowitz Edelman & Dicker LLP
 
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UNITED STATES

Dealer's Suit Against Gallery Owners for Declaring Agnes Martin Works Fakes Is Dismissed

New York Supreme Court dismissed the lawsuit by the London-based The Mayor Gallery (The Mayor) against the owners of the Pace Gallery based on allegations that defendants "unlawfully declared that thirteen authentic Agnes Martin artworks are fakes, resulting in a loss ... of more than $7 million." The lawsuit asserted that defendants were financially motivated to exclude the works from their catalogue raisonné. In a 16-page decision dismissing the lawsuit, Justice Andrea Masley called the claims "vague" and "speculative." The Mayor's initial complaint was dismissed in 2018 as lacking merit; now, the court found that the new complaint did not assert any new facts to avoid dismissal. The Mayor reportedly anticipates appealing the decision.

ArtnetNews: A Judge Has Thrown Out a Lawsuit Claiming Pace Gallery's Owners Are Abusing Their Power Over the Agnes Martin Market Jury Awards Portland Museum of Art $4.6 Million in Dispute Over Donor's Will

Portland Museum of Art prevailed in its lawsuit against the caregiver of the museum's longtime supporter Eleanor G. Potter, who rewrote her will shortly before her death, leaving her estate to her caregiver rather than the museum. It was claimed that Ms. Potter was isolated from her family, threatened with being placed in a nursing home, and coached during phone calls with lawyers. The caretaker, Annemarie Germain, announced plans to appeal the decision, claiming that prejudicial evidence was improperly introduced at trial.

ArtnetNews: The Portland Museum of Art Wins Its $4.6 Million Lawsuit Against a Caretaker Accused of Coercing an Elderly Donor Into Changing Her Will Cady Noland's Lawsuit Over Log Cabin Sculpture Hinges on Procedural Issues of Standing and Jurisdiction

Artist Cady Noland has filed her third complaint in a lawsuit alleging that a German collector's unauthorized restoration of her famous Log Cabin Blank With Screw Eyes and Cafe Door (1990) sculpture "amounted to the creation of an unauthorized copy of the original." Her lawsuit was dismissed twice before, with leave to re-plead, on the grounds that Ms. Noland's complaint failed to state legally viable copyright infringement claims under the U.S. Copyright Act. Her latest complaint needs to demonstrate that an act of alleged infringement occurred in the United States and not abroad in order to survive another motion to dismiss. The defense has filed...

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