9th Circ. To Rehear En Banc Artists' Royalty Act Appeal

Law360, Los Angeles (October 30, 2014, 5:39 PM EDT) -- The Ninth Circuit on Thursday said it would rehear en banc a class of artists' appeal to restore California’s Resale Royalty Act and revive suits against Christie's Inc., Sotheby's Inc. and eBay Inc., facing a potential conflict in circuit precedent on Commerce Clause applicability to state actions.

Artists Chuck Close and Laddie John Dill, the estate of Robert Graham and the Sam Francis Foundation, had appealed to the Ninth Circuit to overturn U.S. Circuit Judge Jacqueline H. Nguyen’s ruling, which wiped out the entire statute and dismissed with prejudice three punitive class actions brought by the artists seeking resale royalties from...

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