Wednesday, September 9, 2009
On this numerically significant day (09/09/09), readers may be interested in the 9th Circuit’s recent decisions in Saher v. Norton Simon Museum of Art at Pasadena, No. 07-56691, 2009 WL 2526676, 2009 U.S. App. LEXIS 18604, and Movsesian v. Victoria Versicherung AG, No. 07-56722, 2009 WL 2516336, 2009 U.S. App. LEXIS 18737. These decisions struck down two provisions in the California Code of Civil Procedure on preemption grounds:
(1) Cal. Civ. Proc. Code § 354.3 had extended the statute of limitations (until Dec. 31, 2010) for actions for the recovery of Holocaust-era art. Saher held that this provision "intrudes on the power to make and resolve war, a power reserved exclusively to the federal government by the Constitution."
(2) Cal. Civ. Proc. Code § 354.4 had similarly extended the statute of limitations for claims arising out of life insurance policies held by victims of the Armenian Genocide. Movsesian held that this provision "conflicts with Executive Branch foreign policy, and thus, is preempted."
P.S. Apologies to the Beatles for this post’s title. See here.