Well, there are 2 sides to every coin, right?
Side 1 - they don't have any reasonable defense, so they're grasping at straws.
Side 2 - they're right. Well, not right in the sense of the word we'd like to apply, but right in the sense of the word that the court will find in their favor, because that's the way this state is.
I mean, come on. Look at the Super Ferry!