At this early stage MNTA's attorneys must go for the case they think they have the best chance of making to the judge.
Once discovery is done, it may open other possibilities.
Owning MNTA looks like a very good risk reward play today. Even better for an option writer as the IV likely will jump.
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It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes