Any operator such as tbis is well versed in precedence and legal boundaries. They will continue to push and prod those boundaries until the law changes specifically or a judge reverses prior loose interpretations and arguments of the existing laws. Looks like some precedenc has been established in this arena and the judg has the ability to act upon/furthrr the precedence in rulings or guidelines to the individual parties.

Due to prior bad acts, bad faith agreements, and a history of companies being destroyed by aggressive shorting practices - courts may give these recent rulings prejudicial weight and shift burden back to the plaintiff in the counter claim.

The longer this drags on - the worse for KBM. Motion to compel trading records and such will be key in determining overall "return" and how that relates to material "damages".

There will be no "they knew what they were getting into" or "they had taken toxic loans before" or "we had an agreement" arguments given credence. They were either materially damaged or not.