Got bad precedent? Differentiate it. Did a question certified to a state court come out not in your favor? Try to spin it. But remember, there are limits to legal interpretation. If you're not careful, you might soon find yourself simply denying reality.
This is exactly what happened to FedEx, according to the Seventh Circuit. For nine years, FedEx had classified its drivers as independent contractors, not employees, leading to litigation throughout the country. When the Kansas Supreme Court ruled that the drivers were employees under state law, FedEx simply attempted to ignore that reality, much to the Seventh Circuit's chagrin.