Argument 2 states that the times can’t be liable as a matter of law, regardless of the facts. Argument 1 requires a more detailed inquiry into the facts. If ar

Argument 2 states that the times can’t be liable as a matter of law, regardless of the facts. Argument 1 requires a more detailed inquiry into the facts. If argument 2 works for purposes of a quick motion to dismiss, and argument 1 requires discovery and possibly a trial, you’ll make argument 2 first, and if that fails, mount the much more expensive side defense based on argument 1.