I have complained about this frequently. I tried it out again on Lamannia in Scrag's Sewer as well as on the easy/fast test case skirmisher in epic elite Black Loch.
Every single cast worked perfectly. On the skirmisher, every tick was enervate or die. On the six sewer dogs, not one single dog was left standing after gathering and wailing. One time I did see an enervate but it killed the dog anyway. Hey even sewer dogs can roll a 20 right.
Not one test could I see a failure to work as the spell description states. Not a single tick appeared to fail targeting.
Well, I sure hope this behavior makes it to live. And I send thanks to Turbine team for getting this back to 100%. Bravo.