I think both sides have been fleshed out pretty well, so there is not really any novel argument to make at this point. The fact we are on Page 4 of the "Tastes great, less filling" debate suggests there is no definitive answer. As a newer member, I don't want to ruffle any feathers on this board, as I enjoy it. But, calling one side or the other "wrong" does not really advance either position. And, pointing to one's credentials to definitively state what a jury would or wouldn't do seems like an unproductive flex. Even though I feel confident I could get a verdict for the defendant with the facts presented, whether by jury or bench trial, I do not believe the matter is so clear cut that it precludes either party prevailing.
And, if my perspective can only be appreciated if accompanied by my credentials, I will say that clients foolishly paid the law firm I worked for over $700/hour for my thoughts before I left litigation 15 years ago to do something productive with my life.
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