For those not familiar with US appeals courts, this is an unpublished order, which means that it's (broadly speaking; there are subtleties) not precedent and applies to this case alone.

Isn't the fact that it applies to _any_ case precedent?

Like if you're a lawyer and you read this do you go "My client will never win a case like this?" or do you go "we should go to trial"?

Sure you won't get summary judgement but if the courts rule this way once they can rule this way again.