You make a great point - if an injunction is denied, a lower pps will allow the company to buy the shares from the defendants and cancel them. Then, when news/financials are released, pps jumps in accordance with a 7%~ reduction in OS.
Don't think arby is in their future but they might decide on non-binding mediation. Fidler should offer no more than $200K to the whole crew to avoid further litigation or tell them to go to war. The defendants have no case so that should be a gift they accept.