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Re: LuLeVan post# 740913

Wednesday, 11/23/2022 8:29:26 AM

Wednesday, November 23, 2022 8:29:26 AM

Post# of 747155

*Judge Ellison wrote: "Their new Appropriations Clause claims exceed the scope of the remand."


Judge Ellison believes that the Plaintiff Shareholders new Appropriations Clause claims are not an allowable exemption to the mandate rule that prohibits added new legal theories to a legal case.

Given that the new CFPB ruling in the 5th Circuit is controlling precedent, that should be a legitimate exception and may possibly be overruled on appeal.

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