To be fair, your linked summary neither confirms nor denies that it's the proverbial bar -- though I'd love to see a citation on what the actual 'test' is. Wit

To be fair, your linked summary neither confirms nor denies that it's the proverbial bar -- though I'd love to see a citation on what the actual 'test' is. Without knowing all of the pertinent facts of the linked case, it's hard to say how applicable it might or might not be. The summary does certainly exhibit similarities though civil settlement was at least partially reached, in addition to an acquittal, it seems.