You'd have to prove the fluff PR's were intentionally misleading. I'm not saying they weren't, just the burden of proof is on you.
You can't sue for incompetence.
I think the way Larry and company have communicated has been extremely poor. It's either out of complete incompetence or a complete lack of character.
Judging by what I've seen, my opinion, Larry and his wife are POS for doing what they have. Shareholders deserve transparency, even if that means being up front on business failures. They've had plenty of time and opportunities to clarify this to shareholders. They still can clear the air if there wanted....