I think this lawsuit is the perfect proving ground for the case that Global warming is a temporal myth and if that is proven in court beyond a shadow of a doubt then that case can be dismissed.
IPCC 6th assessment data set all but guarantees that updated climate models will not show warming or indicate CO2 to be a GHG, but climate modelers have a mountain of work to do updating to reflect the various particle forcing phenomena in the data set. Not only do the models need to be updated to accept the inputs, the model needs to be derived to model the systemic effects of various phenomena.
Another possible complication of this 6th assessment data set is that even if a model is updated to reflect the particle forcing, physical and electromagnetic manifestations and finally, thermal effects of these astrophysical inputs, it might be impossible to back test a model if no similar data can be provided for other time periods. Similar data might ITSELF need to be modeled!
Folks updating one model defaulted to 5th assessment data, ignoring all the particle forcing data.
Where's Henry Waxman? He was a big deal once.