Rancherho, suppose the judge agrees that PAI 483 is material, what kind of damage would he awarded? The company barely has cash for 1 time of the 100 million damage, let alone multiples of it. Can the class suitors demand to sell the company asset, or ask the company to issue preferred stocks, or take the company private? Just trying to think why someone would be willing to buy Jan09 10 calls at 5 bucks when the stock is priced at 8 (I can understand the call writer being a retail investors like me who is trying to minimize risk). It seems to me the only way any new buyers who choose to write calls simultaneously lose out 18 months from now is if the stock falls below 3 dollars , and that would be unthinkable - unless the company went bankrupt or disappear due to the law suit or else Provenge were to perform really badly so the DMC terminate the trial for futility. But no one should know be gambling on the futility at this point since we are too early in the game.
Edits - obviously someone somewhere could have access to the first 100 deaths - I don't think I want to go there...
Edit - I dont mind if the class suitors win the case and if they take control of the company because then the new owners of the company would have their interest aligned with us retailvestors.
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