I'm colorblind. I'm was EQII (Sony) player. I can tell you that it's extremely annoying that the only indication that a mob is aggressive is a 1px red (#FF0000) outline on the mob's name.
Guess what. I use this ideology called "adapt and overcome". I'm glad that people/companies don't pander to my "disability". Do I wish games/websites/stores/life would give me the option of using a neon blue 1px outline on aggressive mobs (both in games and at the local mall)? Sure I do, but they don't, so I figure out tricks to overcome it.
Don't believe I'm colorblind. Google "colorblind developer". You'll see my site, it's number 1 on google for that term.
I hope this lawsuit fails. Games and their developers shouldn't be forced to develop games that everyone can play. Businesses/offices that are essential for living (DMV, grocery stores, hospitals) should have to accomidate handicapped people, but not games. I was in a wheelchair for the last semester of college and learned how amazingly difficult it is to get around in a wheelchair first hand. I will never look at a building the same way.
If a company doesn't consult with disabled people when developing their game/website, then those disabled people should use their money's talking power and go elsewhere. If 10% of the US players of EQII (the percentage of colorblind males in the US) quit playing EQII because of the aggro mob issue, Sony would probably take note.