Early on, National Review editor Rich Lowry predicted of Michael Mann's lawsuit:
He’s going to go to great trouble and expense to embark on a losing cause that will expose more of his methods and maneuverings to the world. In short, he risks making an ass of himself. But that hasn’t stopped him before.
Get Lost | National Review Online
With the court concluding that there are grounds to proceed--the final verdict is by no means assured--it's clear that Mann did not 'make an ass of himself.' Moreover, what exactly did Lowry mean by Mann's "methods and maneuverings" being 'exposed to the world.' Certainly, that implies at the time that Lowry and National Review likely viewed Mann's work as both sinister and hidden from the public. Of course, that was before National Review's legal team tried to create a new definition of what Steyn had meant by "fraudulent."
Bottom line: Writers should act with a degree of responsibility when crafting their arguments. One can disagree with others' ideas without vilifying them, making claims about their work that don't stand up to scrutiny, or making offensive analogies.
Perhaps the best outcome might be a victory for Mann after which CEI and National Review are ordered to publish a full headline retraction (CEI on its homepage and National Review in its publication), make an unconditional apology to Mann, unequivocally acknowledge that Mann's "hockey stick" is not "fraudulent," reveal that Mann was not found to have engaged in any unethical practices based on the findings of the EPA and Penn State investigations, and disavow the tasteless analogy with Jerry Sandusky.