Interesting lawsuit. Notice that eBay is not a party to the case.

By returning the merchandise, the buyer does not have the evidence he needs most to defend the truth of his feedback. If I were his lawyer, I would have recommended retracting the feedback. Now that it is in litigation, though, I would examine the "before" and "after" sales figures very carefully to see if a 98.7% positive feedback rating really has hurt the seller's business.