Panel Upholds Dismissal Of CDO Issuer Suits On Issue Preclusion Grounds

Mealey's (April 28, 2023, 10:29 AM EDT) -- NEW YORK — In what it deemed as an issue of first impression in the circuit, a Second Circuit U.S. Court of Appeals panel joined a sister circuit in determining that the a federal district court did not err in dismissing lawsuits brought by collateralized debt obligation (CDO) issuers seeking to recover losses in residential mortgage-backed securities (RMBS) investments by permissibly bypassing “the question of Article III standing to address issue preclusion” because doing so “offered a threshold, non-merits basis for dismissal.”...