Another point, when did apple state that the reason the macpro 1,1 can't run the latest version is because of the EFI? I think they simply stated which computers can run the software, but didn't state why others were excluded. (I do believe it is because of this issue, but I don't have any proof.)
Also, what damages occurred as a result of the "misrepresentation" that you can't run mountain lion? What software stopped working when mountain lion was released yesterday? Is it the value of a 6 year old computer? What feature was promised back then, but left out for six years, and only available now in Mountain Lion?
I am very skeptical that this lawsuit will get filed, much less actually heard in court. Of course, people can sue for pretty much anything, and apple may make a settlement because it is more cost effective than the cost of going to court. (Of course, these are the type of cases where consumers get $10 in company credit, and the lawyers get $1.7 mil in fees.....)