If it’s in the wrong jurisdiction, the court doesn’t get to the point where they look at the legal theory.
Right. I think your parent comment was pointing out that it's not that the legal theory failed, but that it was never tested, and so might (or might not) still be sound.
Right. I think your parent comment was pointing out that it's not that the legal theory failed, but that it was never tested, and so might (or might not) still be sound.