what else is new? If the arb. board doesn't side with the shareholder we are stuck. I really don't know what the legalities are in regards to what an arbitration board is required to take into consideration, maybe some lawyer out there could help us out.
I hardly think there are many investors who want to take a new position in CWH with the arbitration decision pending. It seems incomprehensible that the Portnoys could hijack a public company, and stick their thumbs in shareholders eyes by thwarting a takeover at a premium to the stock's market price. But, to date, it appears the Portnoys have succeeded in doing exactly that. If only one knew how the judge has ruled in prior cases. Some judges tend to judge cases the way a baseball referee judges whether a ball is foul or in bounds. They apply existing laws and precedents narrowly, and ignore the broader questions of fairness and sound corporate governance. Other judges act more like King Solomon, making rulings on the basis of overarching legal principles of fairness and justice. That type of judge might say, "Who owns Commonwealth anyway--the shareholders, or the Portnoys?" I'm not an attorney, and I have no insight into how the arbitrator is likely to rule in this case.