No, it's not because they might. They will try. We have covered this, we agree.
So giving them the case which is a more likely vehicle to let them actually manage to win, the softball, is indeed a problem. It's helping pave the road.
The courts on Ohio needed to consider the legal precedents they were setting. One of those precedents is if there is a case that farmers have an obligation to safely prechew chicken for you at the stage that they sell it, bones and all, to a processor in the way to a restaurant on the way to an overpriced bouge meal.