News
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As far as I'm aware nothing will stop them from trying to do that. It's up to the judge (or judges if it goes to an appeal) to decide whether their argument makes sense. While I'd hope that a competent judge will see their shenanigans for what it is, I have no doubt that someone has made that strategy work at some point.
To be clear, I'm not a lawyer, so naturally don't take my word for it.