There should be a counter suit.
Pilots (even en-mass) who decide to all of a sudden not pick up open time cannot determine causality for a work action.
The weather is getting nicer, people value their time off more during this period of the year, or whatever you else you can think of.
The company is filing their lawsuit based on a false dichotomy: "Pilots aren't picking up open time as much, therefore job action." When you challenge the premise, there is no longer any argument. Any intelligent judge should be able to see this.
Scumbags.