Roger Ver and all defendants must now assert that bCash (what they mistakenly call "Bitcoin Cash") is not Bitcoin, in order to kill this lawsuit. Standards associated with Bitcoin, like SegWit, were explicitly rejected by Ver & Co, and so BTC can't be conflated with bCash.
They should have known that there are specific individuals that control bCash, and that this is why it should not be touched. They concede that it is possible the named litigants can do so in the future, and this invalidates the principle in the second paragraph.
The most they can get the people named in this case on is fraud, but since everything they did was in the open in terms of software architecture and who was controlling it, they can't say they were unaware of what was going on; it's all open source software and transparent.
This suit is without merit because the people bringing it should have known better. They should have done the proper due diligence which would have been simple had they followed Pierre Rochard (for example). This is all their own fault and a result of free choices they made.
Once again it is demonstrated why Bitcoin is more powerful than any alt-coin. There is no one in charge, no one to sue, no one to contact or summon. Your losses are your responsibility, and so are your gains. Bitcoin is outside of your world view, jurisdiction or reach.