Deutsche Bank AG v. Vik

Summary

The court held that the appeal was not moot merely because a later decision addressed related conduct, and it declined to consider an unpleaded collateral-estoppel defense lacking demonstrated factual overlap. It further held that the complaint was not barred by the litigation privilege because it alleged substantial extrajudicial misconduct and a broader conspiracy, rather than claims based solely on statements or litigation conduct in prior proceedings. The court reversed the Appellate Court and directed it to affirm the trial court's denial of the motion to dismiss.