Yeah the guy hasn't had damages yet, but I think he is getting his suit out there for the sake of visibility. For the NFL & players. And how about the 100 of thousand PSL holders who could pile on with their suits. Maybe a class action type.
I also don't think "any" football gets the NFL off the hook. You go to a restaurant and order & pay for filet mignon, and they serve you a PBJ sandwich, they can't say "well its food". Alright, bad analogy and I like PBJ, had it for lunch today