I think this is a fair and appropriate solution to the situation. Take the closing price on August 5, 2015 and subtract the current closing price. Whatever that amount is shall be awarded based on the outstanding shares to shareholders of record as of 8/5/15 and Rosen shall be responsible for that dollar amount plus and additional costs involved in the distribution of same. This way shareholders that sold will be compensated even though they no longer own shares. The company will be compensated based on shares owned and Ashcroft will be compensated as their shares will have equity value. The Judge will decide how much the Ashcroft firm is to be paid in cash. An additional benefit will be that once precedent has been set firms that specialize in class actions will actually do research prior to filing claims. Go CTIX!!!
(Hopefully Rosen has good errors and omissions insurance)