The newest court wasn’t persuaded by the Bank’s dispute and none is actually i
The lending company as well as alludes to Freecharm Ltd. v. Atlas Wealth Holdings Firm (You.S.Dist.Ct., S.D.Fla., WL 4591929, an area courtroom acquisition in the South Area away from Florida, to your offer you to “a report that comes about exact same harm just like the a fundamental predicate claim falls under an equivalent reason behind action just like the the fresh new predicate claim to have res judicata objectives.” Immediately following briefing in this situation was completed, the Eleventh Circuit Court out-of Is attractive confirmed this new section legal purchase within the a slip thoughts. (Freecharm Ltd. v. Atlas Wealth Holdings (You.S.Ct.Application., WL 6029136.) Brand new Eleventh Routine Court out of Appeal’s unpublished choice into the Freecharm do maybe not assist the Lender as courtroom examined just the district court’s commitment that equity estoppel banned new claims and never whether or not-since right here-res judicata relates to pub relitigation of Bank’s allege up against Countrywide Financial. Continue reading The issue is not if the Financial disregarded any says out-of this new 5th securitization about Credit Suisse action