I agree that the lawsuit might be somewhat absurd, however negligence usually is. Id like for once to see my government, and more importantly the FAA, stand up for their actions and accept some responsibility. Although the proximate cause of the accident may / or may not have been the cause of the controller's negligence, the FAA did not exercise a duty of care in its duties as they relate to ATC at the airport. The FAA's negligence in shorting ATC facilities controllers all around the country is negligent, and they must be held to the same standard they try to enforce on pilots. Sounds to me like there is plenty of blame to go around in this accident, and the FAA is not excused from this. They did in fact breach their duty of care, and by doing so became implicit in the accident.