Isn't the fact that it applies to _any_ case precedent?

Like if you're a lawyer and you read this do you go "My client will never win a case like this?" or do you go "we should go to trial"?

Sure you won't get summary judgement but if the courts rule this way once they can rule this way again.

Only if it’s in this district, it has almost no weight in another district. And being unpublished makes it a flimsy argument even in this district.

A case like this is still theoretically winnable, different courts have different opinions, and higher level courts have yet to weigh in