You are right of course that having one's complaint not based on statistical likelihood but on actual evidence of a tort committed is an important principle. I

You are right of course that having one's complaint not based on statistical likelihood but on actual evidence of a tort committed is an important principle. I was hoping someone with more knowledge of that area of law would jump in to start the substantive discussion of the issue as presented to the court. My line of questioning above is based not on any actual evidence that anyone is actually being intimidated in that manner, but on speculation. It is still troubling if someone with more insight into game theory or organization theory cannot jump in with a reason why this sort of perversion of Justice wouldn't be possible. But that doesn't actually constitute any evidence whatsoever that it happened.