Opinions of the United 2009 Decisions States Court of Appeals for the Third Circuit

2-18-2009

Brooks v. Wachovia Bank NA Precedential or Non-Precedential: Non-Precedential

Docket No. 07-4026

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Recommended Citation "Brooks v. Wachovia Bank NA" (2009). 2009 Decisions. Paper 1861. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1861

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UNITED STATES COURTS OF APPEALS FOR THE THIRD CIRCUIT

No. 07-4026

RALPH BROOKS, JR. ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED

Appellant

v.

WACHOVIA BANK, NA; WACHOVIA CORPORATION; EVERGREEN INVESTMENT SERVICES, INC.; EVERGREEN INVESTMENT MANAGEMENT COMPANY, LLC; EVERGREEN DISTRIBUTORS, INC.

On Appeal from the United States District Court for the Eastern District of Pennsylvania (D. C. No. 06-cv-00955) District Judge: Hon. James T. Giles

Argued on February 5, 2009

Before: RENDELL and ROTH, Circuit Judges HAYDEN*, District Judge

*Honorable Katharine S. Hayden, United States District Judge for the District of New Jersey, sitting by designation. (Opinion filed: February 18, 2009)

Ann Miller, Esquire (Argued) Ann Miller, LLC 834 Chestnut Street, Suite 206 Philadelphia, PA 19107

Richard D. Greenfield, Esquire Greenfield & Goodman 780 Third Avenue, 48 th Floor New York, NY 10017

Counsel for Appellant

Donna M. Doblick, Esquire (Argued) Mary J. Hackett, Esquire Gregory B. Jordan, Esquire Reed Smith, LLP 435 Sixth Avenue Pittsburgh, PA 15219

Counsel for Appellee

OPINION

ROTH, Circuit Judge:

This case centers on the preclusive effect of a 2003 settlement between defendant

Wachovia Bank and the Parsky plaintiffs, a class of fund beneficiaries that included instant

plaintiff Ralph Brooks. See Parsky v. Wachovia Bank, Feb. 2000 Term, No. 000771 (Phila.

County Ct. Com. Pl.). The District Court dismissed Brooks’s class action claims, finding

2 them barred by the broad release executed in Parsky. On appeal, Brooks argues that the

District Court misrepresented the allegations in his complaint, took too broad a view of the

Parsky release, and engaged in improper factfinding. Brooks also challenges the adequacy

of the notice he received concerning the Parsky release.

The District Court had jurisdiction pursuant to

,

,

(d), and

. We have jurisdiction pursuant to

. We have carefully considered the appellate briefs of the parties and the record,

including the very thorough memorandum opinion of the District Court. For essentially the

reasons stated by the District Court, we will affirm its September 14, 2007, dismissal of

Brooks’s claims.

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