The issue is maybe not whether the Lender dismissed any says away from the newest 5th securitization about Credit Suisse step
The latest courtroom wasn’t certain of the Bank’s argument and you may none is actually we
The financial institution together with cites Freecharm Ltd. v. Atlas Wide range Holdings Agency (U.S.Dist.Ct., S.D.Fla., WL 4591929, a city court purchase about South District off Florida, for the proposal you to definitely “a report that comes regarding exact same spoil due to the fact an underlying predicate allege falls under a similar factor in action once the brand new predicate claim to have res judicata aim.” After briefing in this case try finished, the newest Eleventh Routine Judge out of Is attractive affirmed brand new region legal order into the a fall view. (Freecharm Ltd. v. Atlas Money Holdings (U.S.Ct.Application., WL 6029136.) New Eleventh Circuit Legal out of Appeal’s unpublished decision within the Freecharm really does maybe not help the Bank as the courtroom assessed just the area court’s dedication one to security estoppel prohibited this new says rather than if or not-just like the here-res judicata relates to bar relitigation of one’s Bank’s allege against Countrywide Financial.
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