If you are arguing that you were damaged specifically because of technical glitches associated with the IPO, you are expected to sell the shares. Any price act

If you are arguing that you were damaged specifically because of technical glitches associated with the IPO, you are expected to sell the shares. Any price action after that is due to factors outside of NASDAQ's direct control, and there's a sense in which you are taking risk by continuing to hold. (Otherwise, everyone would sue whenever a stock price moved -- shareholders complaining when prices fall and short parties complaining when prices rise)