That’s your argument. There are other perspectives and arguments and I am sure you could make them up too.
I suppose. I was admitted to the bar over 30 years ago and feel I have some basis to opine on legal matters. I could not make up the contrary opinion because I don’t believe the opposite to be true. Admittedly the article doesn’t tell us much; if someone can theorize on how these people could recover more than nominal damages, I’m all ears