Math time.

Example individual who is a member of this lawsuit per Electrek: 2014 Model S 85, Current mileage: 100,000 mi, Range when new: 265 mi, current range (that he's unhappy with): 217 mi

Expected battery degradation per year: 0.5-3%, depending on who you ask, how you charge, etc. Lets say 2% (2*7.5yrs) so... 265 * (100-15/100) = 225 mi

Long story short the remaining range of the worst-case owner in this lawsuit looks to be 8 miles or 3% lower than the average expected degradation. It sounds to me like the latest software update may have improved the algorithm that estimates the remaining pack capacity/range (also based on driving habits too, if I'm not mistaken?). However I agree that an optional limited charging speed at Superchargers (for older vehicles only perhaps), similar to how Apple allows 'maximum performance' as a toggle now, might be a better solution than forcibly limiting their charging speeds.