Thursday, February 15, 2024 8:55:40 AM
Again, I don’t think you get the thrust of what is going on. If plaintiffs have the formula to establish loss causation, and plead it immediately in the first complaint, they might have opened a hundred other lawsuits by other would be plaintiffs. Now, that the legal arguments on all other issues on the motion to dismiss have been settled, the judge is forcing plaintiff's hand. Defendant can let that formula be published, and risk opening the floodgates (or close them if plaintiff was bluffing) from other would be plaintiffs. If plaintiff isn’t bluffing, they are months if not years ahead of many would be plaintiffs that will consider suing MM once that info comes out. IMO. Defendant has one other legal option, settle before the second amended complaint is filed.
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