Wrong assumption Homeslice. You're confusing
litigation with a favorable decision, or a court win. Litigation is the process followed for legal proceedings in court, to dumb it down for you, filing a lawsuit with the process of it going to court.
A lawsuit can always be filed.
You said case law shows. Up until recently, there was no case law in this regard except the decision that impacted NM for decades. That was the precedent. That was the lawsuit. That was the decision.
Your comment says no lawsuit can be filed. Oh yes, Homeslice, a lawsuit can always be filed...