This is frivolous lawsuit and should never go to the court, period. EPA is federal agency behind the numbers and they decided how the tests are performed, unless it could be proven Honda was making up the numbers. There is also disclaimer that your mileage will vary. Everybody knows that mpg can jump up and down depending on driving conditions and you'll get different MPG driving on the muddy forest road compared to empty highway. I also don't understand why EPA changed the way it is testing the cars now. I get 38-40 mpg, as EPA predicted and I think the new, 34 mpg number is a joke, my worst tank ever is about that low, due to combination of snowstorm, very heavy traffic and very cold temperatures. But I don't live on South Pole and this weather conditions last few weeks a year at most. People don't meet EPA numbers because they're speeding, almost everybody drives 10-15 miles per hour above speed limit, a lot of people much more than that. Also very short trips will kill MPG due to the engine running rich most of the time. If you don't go crazy on the road, don't get stuck in standing still traffic all the time and don't drive very short trips most of the time you will get 38-40 mpg. I've seen people driving with left foot on the break and right on the gas and they probably can't figure out why they get low mpg. I hope everybody knows that potential cost of lawsuits is calculated into the prices we all pay and for example liability lawsuits destroyed most of the small aircraft manufacturing in US, for example. Cost of health care also goes up at something close to 25% a year and lawsuits are partially to blame for that increase. I think Sprint did a great thing by dumping 1200 of it's 56 million customers who could never get satisfaction and keep calling customer support for 40-50 times a month always complaining, if they were so unhappy let them go somewhere else. If the guy didn't like the car's MPG he should sell it and get bicycle or something.