The issue is maybe not if the Bank overlooked any claims away from the fifth securitization throughout the Borrowing Suisse action
The fresh courtroom was not persuaded of the Bank’s argument and neither is we
The bank and additionally alludes to Freecharm Ltd. v. Atlas Riches Holdings Company (U.S.Dist.Ct., S.D.Fla., WL 4591929, a location courtroom order regarding South Section from Fl, on proposal one to a claim that derives regarding exact same harm since the a main predicate claim belongs to bank loans for bad credit the same reason behind action once the brand new predicate allege for res judicata intentions. Just after briefing in this case try complete, the fresh new Eleventh Circuit Courtroom of Is attractive affirmed the fresh new area court order in a fall opinion. (Freecharm Ltd. v. Atlas Riches Holdings (You.S.Ct.Application., WL 6029136.) The Eleventh Circuit Judge out of Appeal’s unpublished choice into the Freecharm really does not assist the Financial since legal reviewed only the area court’s devotion one security estoppel banned the brand new says and not if-due to the fact here-res judicata applies to club relitigation of the Bank’s claim against Countrywide Economic. (suite…)