Their games are shit. This is not defamation, it is fact.
Digital Homicide sucks and they should not be ripping people off with their terrible products. That in itself is a crime. the fact that they think they can charge people to buy shit.
They won't win this lawsuit. No way.
It is a scary thought if they do win. This will set a precedent in which people are unable to critique a game. Once this precedent is set, no one will be allowed to say anything bad about a shitty product again. Only positive things. Which in effect is not very consumer friendly, as this will mislead consumers.