Nice turn to the argument. But this reinforces the manner in which you could go after the additional requirements being a large number of plaintiffs and PDs. It eliminates their ability to defame one plaintiff and use that as a reason to deny the case.We are aware of the changing standard and refusal of the courts to accept it, and are always on the lookout for good cases. One of the problems is plaintiff selection. It's hard to get the court to not factor in the "likeability" of the plaintiff in such cases, particularly with the de-facto policy of viewing LTC appeals as a waste of time. The problem with many potential plaintiffs is they have "unprovable in a court of law but believable dirt" - like a CWOF disposition or an expired 209A.
As for suitability, "unprovable in a court of law but believable dirt"along with hearsay being admissible, virtually guarantees that a person that meets your requirements as a potential plaintiff that could take down suitability simply does not exist. Its a unicorn. Why not own up to it that it's just not going to happen, at least not by Comm2a. And let some other organization take the lead.