I understand how things could go wrong in a court

I understand how things could go wrong in a court room, and its troublesome how some judges stray from the guidelines, judges have rules and the only thing that should matter to them is the rule of law, parties operating in good faith, and the intentions of these parties. They pretty much Are guided by appellate court rulings. What are some things in this case that could make a judge side with KBM , Casey has put out many past decisions that shows NY has ruled on Usar many times.