"It appears that Ward is an outlier and has only been overruled once, a fact of which I was unaware. Given that I don't know how many of his cases have been appealed because most cases settle, I am not sure whether or not we have a statistically significant sample size."

Perhaps you should take the time to review the statistics before making such a blanket comment. FYI, the statistic IS significant which, IMO, is one of the reasons why the defendants tried to keep the case out of Texas in the first place.