NEW YORK--(BUSINESS WIRE)--Feb. 1, 2005--The University of Pennsylvania will retain rights to highly valuable ancient American Indian gold artifacts that it has possessed for 84 years, having prevailed in a recent lawsuit that unsuccessfully challenged its ownership of the items, according to Robert I. Bodian, Managing Partner of the New York office of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, which represented the university in the case.
Grandchildren of the individual who discovered the artifacts on the South American island of Tola, filed suit in New York against The University of Pennsylvania Museum of Archaeology and Anthropology, claiming that the university did not obtain good title because the collection was stolen sometime between its discovery in 1909 and 1920, when it was purchased in New York by the university. Because the university had acquired the artifacts in good faith and had kept the items in its collection for decades, it could not apply a statute of limitations defense under New York law. Interestingly, the statute only would have applied if the university had obtained the artifacts improperly or had transferred or sold them, none of which occurred. Judge Rakoff of the United States District Court of the Southern District of New York granted the University of Pennsylvania summary judgment, applying the rule of laches, and dismissed the case. In essence, the Judge ruled that the plaintiffs failed to diligently pursue their claims in a timely way and that such failure was prejudicial to the university.
Narges Kakalia, an attorney in the Litigation Section of the New York office, joined Mr. Bodian in representing the university in the case. Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC is a multidisciplinary law firm with over 450 attorneys and senior professionals in Boston, Washington D.C., Reston, VA, New York, New Haven, CT, Los Angeles and London. Mintz Levin is distinguished by its reputation for responsive client service and expertise in the areas of bankruptcy; business and finance; communications; employment; environmental; federal; health care; immigration; intellectual property; litigation; public finance; real estate; tax; and trust and estates. Mintz Levin's international clientele range from privately held start-ups to Fortune 100 companies in a wide array of industries including biotechnology, venture capital, telecommunications, health care and high technology. Mintz Levin was one of the first law firms to develop complementary consulting capabilities to provide complete solutions to clients' problems, including investment/wealth management, government and public affairs and transactional insurance. More information is available at www.mintz.com.  (0) Comments posted about this in the forum
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