Yes and that's exactly what's been happening.
The opinion is unpblished and is of limited precedential value.
It should be used each and every time and built upon. This hooey has got to stop.
Not only that, but lawyers should begin questioning along the lines of: “Did you approach this business knowing in advance their response. And was your intent in approaching the business in order to instigate this legal proceeding
“
....The opinion is unpublished and is of limited precedential value...
However, the decision was a very big thing for HOO.
The case can be cited as persuasive authority in legal arguments.