From HuffPost:
Jackson’s lawyers are arguing the airline assigned the dog and owner to a middle seat, when Delta’s policy at the time indicated a dog of that size should have been secured on the cabin floor and given special seating accommodations.
How about keep the emotional-support animals (they are needed) but they have to meet the same standards (training, etc.) as a service dog? Sure there will costs for the owners, but it would be a lot less than any lawsuit. Plus the animals would be happier (what some people do with their "ESAs" is cruel).