AMICUS BRIEFS | IMPACT LITIGATION | EDUCATION
BANK OF AMERICA JUDGEMENT that the court ’ s findings could be used against it in later litigation under res judicata principles . To further protect BA against the possibility of issue preclusion in other cases the court followed language in the Restatement [ Second ] of Judgments , to the effect that its conclusions with respect to damages “ are not ‘ sufficiently firm to be accorded conclusive effect ’ in subsequent litigation with others .”
Retaining the remainder of the 2017 order addressed the issue , not covered in the settlement agreement , of the
Sundquists ’ counsel ’ s appeal of the court order cancelling her contingency fee and lien . It also had the benefit , as endorsed by the Intervenors , of holding BA ’ s feet to the fire in the public eye .
The court addressed BA ’ s concern about the confidential nature of the actual amount of damages it agreed to pay by agreeing not to state the sum , but noting that the amount was consistent with the Sundquists ’ assertion that they could prove $ 9 million in damages . As to the public interest portion of the original judgment , the court found the Sundquists ’ agreement to make voluntary donations to the entities sufficed to adequately punish BA without providing a windfall to the Sundquists . The court left undisturbed its section 329 ( b ) judgment concerning the Sundquists ’ attorney ’ s fees , and the remainder of all previous opinions and orders . It reserved jurisdiction over the settlement agreement .
Sundquist Bankr ED Cal opinion Jan 2018
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National Association of Consumer Bankruptcy Attorneys Winter 2018 CONSUMER BANKRUPTCY JOURNAL 25