I don't think the courts will care if COD comes to the Switch 2 unless Nintendo is the one to take it too the courts and a legal battle ensues.
I want you to be right with the Switch 2 getting decent 3rd party support but what has been talked about recently is things like the Halo collection and Gear's collection (I think), the switch 2 cant just be a port dumping ground for games that have already had their time unless they are going to add more value to them. Yes, there will be Nintendo only people that could buy them but is that going to be enough to get continued support?