Plaintiffs were minority shareholders in ALI who sought to bring a double derivative claim on its behalf against AIG. This decision affirms dismissal of the suit on the ground that ALI had not alleged these claims as compulsory cross-complaints against AIG when AIG had sued it previosly. Although the shareholders were not parties to the prior action between ALI and AIG, in bringing a derivative suit on ALI’s behalf, they are bound by ALI’s waiver of the compulsory cross-complaints which it failed to allege in the prior action.