Quoted from Whysnow:yes
People need a certain amount of personal accountability and if not, then you are a scumbag in my honest opinion to sue in this scenario.
Aren't you one of the people who took a chance on a new pinball startup that was a little shaky in regards to their experience and professionalism? And weren't you one of the ones screaming to sue and encouraging everyone else in on it to sue as well when that company went broke? Shouldn't you have taken some accountability for your unwise pre-order decision?