I don't believe any attempt has been successful. LOL.
Dear reader, that depends on what is meant by "attempt," "other attempt," and successful. If the Court is saying in their opinion that inspite of the reasons stated in their conclusion that they also feel that JW existing settings do not qualify or if that is what they mean by the term "genuine material fact," besides juvenile if such is deemed a basis, they pulled it through to deny the summary judgement based on jw confession setting qualifications.