Saturday, July 13, 2019

"In Boon for Art Authentication Committees, Judge Rules in Favor of Glimchers in Long-Running Agnes Martin Dispute"

Artnews story here.  This was round two in the case.  In April of last year, the Court dismissed the complaint but gave the plaintiff permission to replead, which they did.  Now the same Judge has dismissed the amended complaint, on similar grounds.

It's definitely a boon, but how boony is unclear.  As I said after round one:

"While it's certainly good news for artist foundations, keep in mind it's one decision by one lower court (which will probably be appealed*).  The best part of the decision for those folks is that the court enforced the legal fees provision in the plaintiff's agreement with the authentication committee:  the next person contemplating bringing such a suit will have to think about not just the possibility of losing, but also of having to pay the foundation's legal fees if they do.  (But given the existence of these clauses in the first place, that's probably something they should have been thinking about all along.)"

*/  In fact, the plaintiff's lawyer told Artnews they do plan to appeal.