This is like suing an MMO because you want to solo raid dungeons so you can enjoy the content without having to play multiplayer.
Don't get me wrong, their opinion is fine. But the lawsuit is idiotic. Just do what the rest of us do when we're screwed over by circumstance and choices: build a bridge and get over it.
The only circumstance I could see a "too hard" lawsuit maybe possibly hypothetically working out is if the customer was disabled. They might have a slim chance if they could use the Americans with Disability Act (ADA) to sledgehammer the game developer with. I personally don't believe it would work, but I'm not a lawyer so what the hell do I know.