This thread is funnier than the picture.
Seriously.
I forwarded the picture and a summary of some of the arguments to four friends who are very experienced lawyers. One is faculty at the law school at Lewis and Clark College (highly respected place) and one is faculty at the law school at Willamette University (another highly respected place).
All four more or less stated the same thing: context is everything. The picture in question, sans context, is meaningless when discussing the merits of a suit.
One responded that all that can result is an online argument where each side gets further and further entrenched based on more and more suppositions.
Looks like this is what is happening.