On December 23, the United States Court of Appeals for the Second Circuit dismissed claims against Bank of New York Mellon, as trustee, by four pension funds in a putative class action relating to 530 Countrywide RMBS trusts worth $424 billion. The Second Circuit affirmed the district court's holding that the plaintiffs did not have standing to assert claims related to certificates issued by trusts in which no plaintiff ever invested. The court further held that the Trust Indenture Act (TIA) does not apply to the trusts because they are "certificate[s] of interest or participation in two or more securities having substantially different rights and privileges" and therefore within an exemption to the TIA. As a result, the court reversed the district court's decision denying the bank's motion to dismiss claims under the TIA. Decision.
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