Sunday, August 05, 2018

"Split decision in lawsuit over forged paintings sold by ex-Franklin Pierce professor and her son"

Story here:

"In a detailed ruling, U.S. District Court Judge Steven McAuliffe dismissed the warranty claim Hall had brought, concluding that because the case was brought four years after the purchase of the art, that was too late.  ...  But McAuliffe declined the bid of the Gascards to dismiss the other three charges, fraud, conspiracy to defraud and unjust enrichment.  ...  'Hall, on the other hand, has pointed to sufficient facts which, if credited as true, would permit a jury to conclude by clear and convincing evidence that the Gascards knew the paintings at issue were forgeries (or, at a minimum, that they were consciously indifferent to that fact),' McAuliffe wrote.  The decision means those three remaining counts are on a path to go to trial later this year."

Background here.