Particularly, Nationwide Financial contended new Bank’s section 25504 allege was an identical factor in step as its Point fifteen claim according to the no. 1 rights’ idea. Predicated on Countrywide Monetary, the bank sought for to hold it accountable about Borrowing from the bank Suisse step due to the fact a handling individual for so-called misrepresentations into the [residential financial-supported bonds] offering data and also in new declaratory recovery step, the financial institution seeks to hang [Countrywide Financial] liable because the a handling individual for the very same alleged misrepresentations throughout the same ? offering data. Nationwide Economic conceded the latest legal theories in the two cases had been various other, however, debated the financial institution alleged a citation of the identical primary right-the newest asserted right to offering data clear of procedure misrepresentations; and you can, furthermore, claims both in methods to own sustained an identical damage given that a direct result [Countrywide's Financial's] so-called misconduct.

Countrywide Monetary demurred for the medical amended declaratory recovery ailment, fighting res judicata banned new Bank’s section 25504 allege due to the fact Financial is impermissibly seeking relitigate a cause of action that was disregarded that have prejudice inside the an earlier step amongst the exact same events

At the same time, the bank debated there’s no latest judgment into merits from the Credit Suisse step once the their claims for each securitization in question during the Borrowing from the bank Suisse had been element of an individual factor in step to possess reason for res judicata. Читать далее →