Scarlett has already been presenting "unknowables" though. It's what a big part of her suit is based around actually. Claiming that Disney releasing the film when they did impacted its gross and they should have held onto it and that Disney+ PA hurt the movie.
None of that is completely knowable either, especially since Disney had already delayed BW multiple times and if they had delayed it again, it likely would've been to later in the Summer or this Labor Day spot, which wouldn't have been much better at all. Black Widow actually opened when Covid cases were low and a lot of people had just gotten vaccinated so it turned out to be a very good opening date for the film.
And it's not Disney that wants to get in front of a jury, it's Scarlett that does. This case will set the benchmark for how actors get paid on day and date movies going forward. Scarlett and her management want an official ruling on this.
