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The problem is not perhaps the Lender disregarded one claims out-of the fresh fifth securitization about Credit Suisse step Brand new court was not certain because of the Bank’s dispute and neither is actually i The financial institution in addition to cites Freecharm Ltd. v. Atlas Wealth Holdings Company (You.S.Dist.Ct., S.D.Fla., WL 4591929, a neighbor hood courtroom purchase throughout the Southern District out-of Florida, into offer one to a report that comes throughout the same damage since a main predicate claim falls under a similar factor in step since this new predicate claim to own res judicata purposes. Shortly after briefing in this instance is actually complete, the latest Eleventh Circuit Courtroom away from Is attractive affirmed the fresh new section courtroom order within the a slip viewpoint. (Freecharm Ltd. v. Atlas Wide range Holdings (U.S.Ct.Application., WL 6029136.) The newest Eleventh Routine Legal off Appeal’s unpublished choice for the Freecharm really does not help the Lender because the court examined precisely the area court’s commitment one to guarantee estoppel barred this new states and never whether or not-as here-res judicata relates to club relitigation of one’s Bank’s claim facing Nationwide Monetary.