Thursday, April 19, 2018 12:52:52 AM
Plaintiff’s can claim whatever they want. Theres no requirement for your case to be good in order to file it. But lack of standing will end it pretty quick.
“If this is true then wouldn't any shareholder, even post-NWS, have standing?”
No, even if this were true, post-NWS owners wouldn’t have standing because the injury has to be quantitative and specific. For example...if I bought shares at 20 dollars and then the NWS dropped the PPS to 1 dollar, I have quantitative and specific damages of 19 dollars per share. If someone else bought the shares at 1 dollar, and then the PPS went back up to 2 dollars, the post-NWS owner does not have quantitative or specific damages. The damages are speculative (if the harm weren’t continuing, the PPS would go up...to what value, who knows). Standing can never be established on speculative damages.
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