Are you sure you are talking about a lawsuit involving JBI, or are you posting on the wrong board? What lawsuit are you saying has not been dismissed on lack of merit, if I am reading your post correctly? The court has yet to rule on any issue involving the merits (or lack thereof) of Kaplanis's claims.
In any event, I somewhat doubt you are "very concerned about this lawsuit." If you have insight into the merit of this suit, as you seem to suggest, then perhaps you can articulate your reasoning.