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The latest courtroom was not persuaded by the Bank’s dispute and you will none are we

The financial institution also alludes to Freecharm Ltd. v. Atlas Wealth Holdings Organization (U.S.Dist.Ct., S.D.Fla., WL 4591929, a city courtroom acquisition regarding the Southern Region out of Fl, with the offer you to a claim that comes from the exact same harm because a main predicate claim falls under an equivalent reason for action just like the the latest predicate allege getting res judicata purposes. Immediately following briefing in this case are completed, new Eleventh Circuit Judge of Is attractive confirmed the district courtroom order in the a slip opinion. (Freecharm Ltd. v. Atlas Riches Holdings (U.S.Ct.Application., WL 6029136.) Brand new Eleventh Routine Judge regarding Appeal’s unpublished decision in Freecharm really does perhaps not assist the Lender just like the court reviewed only the region court’s commitment you to equity estoppel barred the fresh claims and not if or not-because the here-res judicata relates to club relitigation of Bank’s allege facing Countrywide Financial.

With respect to the Lender, [t]here shall be zero res judicata about what fifth securitization ? as the no-claims related to that securitization was actually voluntarily overlooked regarding the Credit Suisse action. It dispute misses the point. The problem is whether or not the Financial could have raised a state against Nationwide Economic according to its alleged control over Nationwide Bonds when you look at the Borrowing Suisse.