JP: You asked for "link/back-up" not "evidence."
You need to keep reading my post. The latest filing by Klawonn on the motion to dismiss was filed in June 2011. This will be ruled on shortly.
However, yes, I do think that having a suit dismissed strongly suggests the plaintiff had "difficultly getting this issue to trial." It certainly wouldn't be the lead indicator of a slam dunk.
“It ain’t so much the things we don’t know that get us into trouble. It’s the things we know that just ain’t so.” Henry Wheeler Shaw