The court was not persuaded by the Bank’s argument and you will neither is actually we

The bank and alludes to Freecharm Ltd. v. Atlas Wealth Holdings Business (U.S.Dist.Ct., S.D.Fla., WL 4591929, a neighbor hood judge buy in the Southern area Section regarding Fl, into the proposition one “a claim that comes regarding the same damage just like the a main predicate claim falls under a comparable cause for action since the new predicate allege for res judicata intentions.” Immediately after briefing in such a case was finished, this new Eleventh Routine Court of Is attractive confirmed the fresh section courtroom order within the a fall advice. (Freecharm Ltd. v. Atlas Riches Holdings (U.S.Ct.Software., WL 6029136.) The latest Eleventh Routine Court off Appeal’s unpublished decision for the Freecharm does not help the Bank because judge reviewed just the region court’s determination you to definitely collateral estoppel prohibited the fresh says rather than whether-given that right here-res judicata relates to bar relitigation of Bank’s claim against Countrywide Economic. Continue reading →