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Branch Banking and Trust v. Nevada Title
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Wednesday, August 3, 2011
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After failing to establish the primacy of an outstanding loan in state court, a defunct bank’s successor filed a federal suit against the title insurer involved in the deal. The court dismissed the complaint under the doctrine of collateral estoppel. The successor asked the court to amend its order, arguing that court’s finding regarding a Federal Deposit Insurance Corp. (FDIC) purchase and assumption agreement should be removed from the record because the issues involved were not litigated at the state level. The court denied the motion, determining that collateral estoppel should apply.
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