If MNTA had a good and reasonable suspicion that tLovenox would be approved, and then did not disclose this to investors on their secondary, that to me would be materially misleading and most likely an actionable security fraud.
MNTA is under no obligation to disclose their suspicions. The claims in the lawsuit is their disclosure to those participating in the offering. Which means they might know more about T-Enox than we do. Look at the premature defensive lawsuit and questionable secondary as MNTA acting in the best interests of shareholders going forward and then you may see trouble on the horizon.
I also think that MNTA planned all along to do a secondary after mLovenox approval.
If so, then their timing sucks, and Shea should be called on it.