Commercial Division Blog

Posted: January 19, 2021 / Categories Commercial, Res Judicata/Collateral Estoppel/Entire Controversy Doctrine

Party May Not Relitigate Issue of Law That it Has Litigated and Lost in an Earlier Lawsuit

On January 05, 2021, the First Department issued a decision in MLRN LLC v. U.S. Bank N.A., 2021 NY Slip Op. 00025, holding that a party may not relitigate an issue of law that it lost in an earlier lawsuit, explaining:

Defendant — who was also the defendant in Blackrock Balanced Capital Portfolio (FI) v U.S. Bank N.A. (165 AD3d 526 [1st Dept 2018]) — may not relitigate the issue that it raised therein and that was decided against it, namely, "Once performance of the demand requirement in the no-action clause is excused, performance of the entire provision is excused, including the requirement that demand be made by 25% of the certificate holders" (Blackrock, 165 AD3d at 528).

(Internal citations omitted).

Schlam Stone & Dolan represents investors in RMBS actions against underwriters and trustees and in related proceedings, such as trust instruction proceedings where an RMBS trustee seeks court guidance regarding the management of an RMBS trust. If you or a client are RMBS investors and have questions regarding potential claims against a trustee or how to influence the trustee's prosecution of a put back or repurchase action like the one at issue here, contact Schlam Stone & Dolan partner John Lundin at