That would be if it were on behalf of investors. What they can show is that those spoofed trades were in fact spoofed and did not occur, and that the price movement was lower than it would have otherwise have been. Spoofing is illegal, period.
QL do you not think the Company was damaged in its fundraising efforts and reputation. Your example would apply if this is a shareholder class action which it is not.
Too bad opportunity cost isn't considered an issue. I could clean up then and so could of a lot of buy and hold shareholders just like me.
As always, whatever management comes up with has the least benefit for those who have been the ones to hold NWBO and have never sold.
Go figure.
At least this lawsuit might reduce any market manipulation and if it actually runs up on news (not just before news) and actually stays higher after news then maybe the conspiracy folks have a point.