well, actually you'll find that the law is based on "reason" and the outcome of most litigation depends upon the availability of "a reasonable remedy" and as the defendants in this case have now provided what is obviously "a reasonable remedy", not only proposed but also actioned, it makes those that are continuing "Unreasonable" in the eyes of the law, and hence the judge is obliged to look upon the remaining plaintiff's in this light.
Of course I am only qualified to practice law in the UK, but I cannot imagine the outcome will be any different in other jurisdictions.....................