The SDNY recently published a decision in FDIC v. CSFB discussing, among other things, the statute of limitations for ’33 Act claims. While the discussion relates to the ’33 Act, it discusses issues relevant to any fraud based RMBS claim.
Also, we recently were pointed to an April 2019 First Department decision in Wilmington Trust v. MC-Five Mile Commercial Mortgage Finance LLC, addressing the contentious question of what it means for an entity to have knowledge of a condition triggering a contractual obligation. The First Department held that willful blindness of a fact was evidence of knowledge of that fact.