Uploaded March 2025 | Updated September 2026, 3 weeks ago
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Al Hirschfeld Foundation v. Margo Feiden Galleries Ltd.
United States District Court for the Southern District of New York
296 F. Supp. 3d 627 (2017)
Not all breaches of contract are equal. Some are more egregious than others. And in Al Hirschfeld Foundation versus Margot Feiden Galleries Limited, we explore how egregious a breach must be to allow the non breaching party to terminate its own performance of its contractual obligations.
Renowned cartoonist, Al Hirschfeld, had a long standing business relationship with Margot Feiden and the Margot Feiden Galleries, collectively the galleries, which he licensed to represent him. When a dispute arose, Hirschfeld and the galleries entered a settlement agreement that governed the party's relationship. That agreement was in effect at Hirschfeld's death in two thousand three, and the Al Hirschfeld Foundation then replaced Hirschfeld as a party. The agreement appointed the galleries as the exclusive representative for the sale of certain originals, previously commissioned works, and photostatic reproductions.
The galleries were also the exclusive representative for the licensing of certain reproductions and were authorized to produce a fixed number of limited edition prints each year.
The foundation retained all rights not expressly granted to the galleries, including the copyrights to Hirschfeld's works. The foundation could also terminate the agreement by giving the galleries ninety days notice of a material breach that remained uncured for thirty days once the galleries received notice.
The foundation sued the galleries in June of twenty sixteen, alleging multiple breaches of the agreement and simultaneously gave the galleries notice of termination.
Among other things, the foundation presented evidence that the galleries were producing and selling giclee prints, meaning high quality photostatic reproductions, without authorization, and had also lost twenty original works that were entrusted to them. After the ninety day notice window expired, the foundation terminated the agreement and sought summary judgment in the legal proceeding declaring that the termination was valid.
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Al Hirschfeld Foundation v. Margo Feiden Galleries Ltd.
United States District Court for the Southern District of New York
296 F. Supp. 3d 627 (2017)
Not all breaches of contract are equal. Some are more egregious than others. And in Al Hirschfeld Foundation versus Margot Feiden Galleries Limited, we explore how egregious a breach must be to allow the non breaching party to terminate its own performance of its contractual obligations.
Renowned cartoonist, Al Hirschfeld, had a long standing business relationship with Margot Feiden and the Margot Feiden Galleries, collectively the galleries, which he licensed to represent him. When a dispute arose, Hirschfeld and the galleries entered a settlement agreement that governed the party's relationship. That agreement was in effect at Hirschfeld's death in two thousand three, and the Al Hirschfeld Foundation then replaced Hirschfeld as a party. The agreement appointed the galleries as the exclusive representative for the sale of certain originals, previously commissioned works, and photostatic reproductions.
The galleries were also the exclusive representative for the licensing of certain reproductions and were authorized to produce a fixed number of limited edition prints each year.
The foundation retained all rights not expressly granted to the galleries, including the copyrights to Hirschfeld's works. The foundation could also terminate the agreement by giving the galleries ninety days notice of a material breach that remained uncured for thirty days once the galleries received notice.
The foundation sued the galleries in June of twenty sixteen, alleging multiple breaches of the agreement and simultaneously gave the galleries notice of termination.
Among other things, the foundation presented evidence that the galleries were producing and selling giclee prints, meaning high quality photostatic reproductions, without authorization, and had also lost twenty original works that were entrusted to them. After the ninety day notice window expired, the foundation terminated the agreement and sought summary judgment in the legal proceeding declaring that the termination was valid.
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![Ventura v Kyle Case Brief Summary | Law Case Explained
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Ventura v. Kyle | 825 F.3d 876 (2016)
The federal rules of evidence prohibit evidence of a defendants insurance coverage for some purposes but not others.
Nonetheless, attorneys must be careful discussing insurance at trial as the court explains in Ventura versus Kyle.
Chris Kyle, a former Navy SEAL sniper, wrote a memoir called American Sniper. In the book, Kyle recounted how he punched a celebrity referred to as Scruff Face in a bar fight after Scruff Face said offensive things about America and the SEALs.
After the books release, Kyle identified Scruff Face as Jesse Ventura in interviews. Ventura was a former governor of Minnesota and professional wrestler among other things. Ventura sued Kyle for defamation and other claims, alleging that Kyle had made up the whole story.
Following Kyles death, his wife, Tayah, was substituted as defendant as the executor of Kyles estate. Two witnesses from American Snipers publisher, Harper Collins, testified at trial. Venturas lawyer questioned both witnesses about Harper Collins and Kyles insurance coverage to try to show the witnesses were biased in Kyles favor. Both witnesses denied knowing anything about insurance.
During closing arguments, Venturas lawyer emphasized that both HarperCollins witnesses had denied knowledge that Harper Collins insurer was paying Kyles legal bills and would pay any damages on the defamation claim.
The district court denied Kyles motion for a mistrial because of the insurance references.
The jury struggled to reach a decision, ultimately reaching a nonunanimous verdict after five days.
The jury awarded Ventura five hundred thousand dollars on the defamation claim.
Kyle moved for judgment as a matter of law or a new trial, arguing that the jurys award was tainted by the admission of prejudicial information and argument about Kyles alleged insurance.
The district court denied the motion.
Kyle appealed to the eighth circuit.
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