Particularly, Countrywide Economic argued brand new Bank’s area 25504 allege is a comparable cause of action as the Section fifteen claim beneath the number one rights’ principle. Considering Nationwide Financial, the financial institution needed to hang they accountable about Credit Suisse step just like the a control person having alleged misrepresentations within the [domestic mortgage-recognized bonds] offering files and in the new declaratory rescue action, the bank tries to hang [Nationwide Economic] responsible given that a control individual for similar so-called misrepresentations in the same ? giving documents. Nationwide Economic conceded the legal concepts in the two cases was in fact some other, but debated the financial institution so-called a solution of the identical no. 1 right-the brand new asserted straight to providing records free of question misrepresentations; and you can, additionally, states in strategies to have sustained an equivalent spoil because the a direct result [Countrywide’s Financial’s] alleged misconduct. (more…)
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At the a listening, the newest legal sustained Nationwide Financial’s demurrer in the place of log off so you’re able to amend
At the a listening, the newest legal sustained Nationwide Financial’s demurrer in the place of log off so you’re able to amend