People pursuing an appeal in the Federal Court of Appeals  have less than a one in ten chance of winning by proving that the judge below made a legal error.  But appeals aren't that costly, except for the transcript of the proceedings, unless you are paying an attorney by the hour.  These Plaintiffs  will likely get dumped on the appeal.  The ruling of the trial court will porbably be upheld and there will be no settlement.  This is a money loser of a case if I ever saw one:  no reason to get buried in costs unless the clients are paying as you go.  Even then, you probably need a candid discussion here about the merits of the case and the costs.  Sad for the attorneys.