I grew up watching him and love that dance, but there is just no way that he is going to win this, even if he does manage to successfully copyright the dance, the fact is that Fortnite had the dance in the game before he copyrighted it, so as long as the emote isn't called "the Carlton dance" in game, it should be grandfathered that they are allowed to keep using it afaik. But i'm no legal expert.
Well, to chime in here: the didn't called it the Carlton, but calling it Fresh actually means they were aware of the precedence.
I agree he (and the others suing about dance emotes) shouldn't be successful in court, not because I don't want them to earn money, but because we are already in a society there with ridiculously small stuff people sue to gain money. It's about a few seconds of stuff. This I see more as a homage than copyright infringement. But yeah, lawyers and stuff. No idea how this will end up. Could also be, that the producers of the show claim the copyright for the dance and sue both Fortnite and Ribeira (for using it outside the show).