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Dunbar v. Seger-Thomschitz

2009 WL 1911008 (2009)

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Dunbar v. Seger-Thomschitz

United States District Court for the Eastern District of Louisiana
2009 WL 1911008 (2009)

  • Written by Heather Whittemore, JD

Facts

Sarah Blodgett Dunbar (plaintiff), a resident of New Orleans, Louisiana, possessed a painting (the painting) that she inherited from her mother in 1973. During the time of her possession, Dunbar loaned the painting to local and national galleries for exhibition. Dr. Claudia Seger-Thomschitz alleged that the painting had been seized from her family by Nazis in 1939. Seger-Thomschitz argued that when Dunbar’s mother purchased the painting in 1946, she should have known that it had been stolen by Nazis and that the seller she purchased the painting from did not have ownership of it. In 2009 Dunbar filed a lawsuit in federal district court to quiet title to the painting, arguing that she had gained ownership of the painting through acquisitive prescription by possessing it for over 10 years. Seger-Thomschitz filed counterclaims, arguing that she had claims under quasi-contract and unjust enrichment. Dunbar moved for summary judgment. Regarding Seger-Thomschitz’s claims, Dunbar argued that the counterclaims were untimely, having been brought after their 10-year statutes of limitations.

Rule of Law

Issue

Holding and Reasoning (Lemelle, J.)

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