If there is not enough evidence, then Fisher would lose at trial. And rightfully so. But it still goes TO trial, since Fisher is only giving the basis of their claim, not making it in full at this time. That is what a trail is FOR. To make your claim. So the judge can't adjudicate (decide) the issue now, as it has not been heard by him as of yet. YOu can't decide until you hear all the facts. hence ... a trial. THERE you hear ALL the facts of what Fisher is claiming and WHY. then you see if it is valid or not.
make sense?
I think Billy's post should be required reading if you want ot know if this could go to trial. Look at all the questions. that needs resolved, and therfore win or lose Fisher should go to trial, and I see it going there. In 2014.