IMO, games can't break consoles. Only careless gamers can be blamed for such thing. My friend's 60 gb fat PS3 got broken "due to" FFXIII, but he was kind of stupid, cuz he played 14 hours in a row... Moreover, he never cleaned his console in a year and a half, so the optical lense was very dusty. It's not a surprise that under these circumstances poor PS3 died (problem was overheating, of course).

BtW, I don't think that this lawsuit will achieve anything...