Indian Arts and Crafts Act

Indian Arts and Crafts Act Claims Dismissed on Personal Jurisdiction Grounds

Matthew L.M. Fletcher

Here is the opinion — Native American Arts v Contract Specialites — Sunburst Cos.

An excerpt:

The problem, for purposes of jurisdiction, is that NAA only made conclusory allegations that Sunburst’s products arc purchased in Illinois. (Compl. P 4.) Although this may be sufficient if left unchallenged, Sunburst submitted an affidavit, stating that it has never purposefully directed advertising to Illinois and that none of its eight Illinois customers (with the exception of NAA) has ever purchased goods of the type at issue in this suit. (Guarino Aff. PP 13, 14.) NAA did not attempt to refute that evidence. Therefore, the Court does not view this as a genuine factual dispute that warrants an evidentiary hearing. Cf. Hyatt, 302 F.3d at 713 (stating that evidentiary hearing would be necessary to resolve disputed matcrial facts relevant to jurisdiction). Because NAA also alleges that Sunburst sells products in the “traditional Indian style” throughout the United States, the absence of sales in Illinois does not doom NAA’s claim. It does, however, doom NAA’s assertion of personal jurisdiction over Sunburst.

Federal Seizures of Indian Art Puts Damper on Indian Market

Matthew L.M. Fletcher1 Comment

From the Denver Post (H/T M.C.):

SANTA FE, N.M.—An intensifying federal investigation into the sale of Native American artifacts has brought fear and uncertainty to one of the nation’s largest and longest-running Indian artifact shows.

Wealthy collectors are more cautious about buying artifacts for fear of criminal liability, and reputable dealers say they’re working double-time to prove their legitimacy after being wrongly lumped together with looters and gravediggers.

The aisles of the exhibit hall at the 31st annual Whitehawk Antique Show were crowded with collectors, including business leaders and Santa Fe’s elite. There were hugs and handshakes from the dealers for their regular customers, but rumors also were circulating about suspicious vans outside and undercover federal agents.

Amid grumbling about government meddling, the tension was evident.

“I think a lot of people are just scared because there’s a lot of misconception about whether this stuff is legal or illegal,” said Jeff Hammond, a private collector and dealer who was displaying prehistoric pots at the show.

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