Good post. I couldn’t agree more. But, do you think such a case would survive summary judgment and thus be allowed to go to trial?
I think it “could” in a Texas Court with the right judge.
I agree about judge shopping, you wouldnt want to do in the Ninth Circuit. OTOH there is such a thing as appealing, and you want to go to SCOTUS. Wouldnt it be just as well, when judge shopping, to go where you would be instantly kicked out of court, appeal, be instantly rejected on appeal - and then appeal to SCOTUS?
Im not a lawyer . . .