Unfortunately, I think that Phil was correct in his assumption that this lawsuit will have no tread. I'm looking at this attorney who filed the lawsuit.. he has quite a rough history as an attorney
http://www.adbmich.org/CES6/default.aspx?sortf=@sysdate&sortd=false&q=29975Suspended 9/10/2003 for false accusations.
Suspended 11/9/2004 for misrepresentation for the court.
Suspended 7/6/2007 for failing to respond to an investigative request.
Notice of reprimand 8/31/2009 for willfully practicing law during the time of his suspension
Suspended 9/22/2009 for failing to not paying legal fees.
Quite a rough history..