May 29, 2019

Third Circuit Finds Trustee Not Liable for $168 Million RMBS Loss – IKB Failed to Show Trustee Violated Contractual Obligations

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Orrick - Structured Finance Group

The Third Circuit Court of Appeals affirmed a trial’s court’s dismissal of IKB International SA’s claims against Wilmington Trust Co., holding that IKB had not demonstrated that Wilmington violated its contractual obligations. IKB’s breach of contract claim against Wilmington stemmed from a $168 million investment in RMBS issued by various trusts for which Wilmington served as trustee. Plaintiff’s suit against Wilmington sought money damages for breaches of contract and Wilmington’s implied “overarching duty to protect the trusts.” In affirming the dismissal, the Third Circuit held that Wilmington’s role was “primarily ministerial,” that it had only agreed to perform certain “modest functions” specifically enumerated in the Trust Agreements and that the agreements in fact shielded Wilmington from the liability asserted.

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