Rosenberg Says Harrington Lawsuit Is A Hypothetical Rosenberg doesn't think the lawsuit is a fact but a hypothetical situation...I didn't realize that you could hypothetically sue someone....well I guess we have nothing to worry about then....it that what happened to FSD....they were hypothetically SUCCESSFULLY sued for fraud....and millions of dollars were hypothetically paid out for that lawsuit....all with investor's money....and to think all this time...I thought I was dealing with facts.