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