Her, I thought you had a speck of legal exposure.
The Defense is in the business of conjuring up a defense, in the business of exploiting any arguable confusion. Just because they assert confusion, doesn't mean they are confused. This is the best and only counterpoint/argument they could set forth. They, 12 attorneys, charging a collectively $10,000 per hour.
And Applebaum is one single attorney, with 21 years of experience, and a die hard AABB long standing loyalist. BUT, AABB spent the big money tohire the analysts, who AABB ascertained could solve the problem of tracing the price manipulation.. Applebaum simply converted the analysts reseatch and findings into a legal pleading.
Again, I would love to comb over the opposition pleading.
I expect the judge will probably affirm the defendant's motion to dismiss, but allow one , if not several opportunities to amend the complaint by providing more specificity and detail.
Unlike you, I have a good deal of experience dealing personally with lawsuits.
I currently have one pending (actually more thyan one) in which a police officer engaged in a police vehicle pursuit in which the evading driver collided into my building ,causing about $30,000, so I have sued the city, which typically has municipal immunity. BUT, the immunity can be pierced if certain conditions are met/ not met. The judge has issued a tentative ruling to sustain the demurrer, but I am contesting the tentative ruling. I will appeal if necessary.