The new courtroom wasn’t certain of the Bank’s dispute and you will neither was i
The financial institution in addition to alludes to Freecharm Ltd. v. Atlas Wide range Holdings Organization (You.S.Dist.Ct., S.D.Fla., WL 4591929, a region courtroom order on the South Region out-of Florida, with the proposal that “a declare that comes regarding the same damage given that a fundamental predicate claim is part of an identical reason for step since the new predicate allege to have res judicata aim.” Immediately after briefing in this case try done, the latest Eleventh Circuit Court out-of Appeals verified the brand new area courtroom buy inside the a fall view. (Freecharm Ltd. v. Atlas Wide range Holdings (You.S.Ct.Application., WL 6029136.) The Eleventh Circuit Judge away from Appeal’s unpublished decision inside Freecharm really does maybe not assist the Financial since the judge reviewed just the district court’s devotion one equity estoppel barred the latest says and never if-because here-res judicata applies to pub relitigation of your own Bank’s allege against Countrywide Monetary.
According to the Lender, “[t]right here is going to be zero res judicata to what fifth securitization ? (mehr …)