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  • The problem is not whether or not the Financial ignored any says out of the newest fifth securitization on the Credit Suisse action

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    The brand new legal was not convinced by the Bank’s disagreement and you will neither is actually we

    The bank in addition to cites Freecharm Ltd. v. Atlas Money Holdings Firm (U.S.Dist.Ct., S.D.Fla., WL 4591929, a district court buy regarding the South District of Fl, with the offer you to definitely “a report that comes about exact same harm as a fundamental predicate allege is part of an identical factor in action once the the predicate allege having res judicata aim.” Immediately following briefing in this instance are complete, the latest Eleventh Routine Courtroom regarding Appeals confirmed this new district judge buy during the a slide viewpoint. (Freecharm Ltd. v. does debt consolidation work with payday loans Atlas Money Holdings (You.S.Ct.App., WL 6029136.) New Eleventh Circuit Judge out-of Appeal’s unpublished decision inside Freecharm do maybe not help the Financial since legal examined only the section court’s dedication you to security estoppel barred the states and not whether or not-because right here-res judicata applies to club relitigation of your own Bank’s allege against Nationwide Financial.