U.S. Supreme Court Discusses Definition of “Actual Knowledge”

RMBS PSAs often refer to actual knowledge. I do not think that there is much dispute that “actual knowledge” means actually knew (as opposed to deemed knowledge, about which there is a lot of dispute). But still, here is a recent U.S. Supreme Court decision on actual knowledge (including at the end how it still can be proved through circumstantial evidence). This relates to ERISA, but I expect a NY court would view things in the same way.

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