DeWeerth v. Baldinger (II)
United States District Court for the Southern District of New York
804 F. Supp. 539 (1992)
DeWeerth (plaintiff) owned a painting by Claude Monet that was stolen from her in 1945. It was eventually purchased in 1957 by Baldinger (defendant) from a New York auction house. DeWeerth sued Baldinger in the United States District Court for the Southern District of New York in order to recover her painting. The district court, after a bench trial, ruled in favor of DeWeerth and ordered the painting returned. Baldinger appealed to the United States Court of Appeals for the Second Circuit and was successful. There, the court ruled that the action violated New York’s statute of limitations. Four years after the original appeal, the New York Court of Appeals, the highest state court in New York, overruled the Second Circuit. DeWeerth brought a motion before the United States District Court for the Southern District of New York under Rule 60(b)(6) of the Federal Rules of Civil Procedure, seeking the court to provide relief from the final judgment in the previous case.
Rule of Law
Holding and Reasoning (Broderick, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.