I remember reading about that accident at the time. Be interesting to hear the results.
If you read the report, the crew were not wearing life jackets and three crew died of blunt force trauma while the remaining crew member drowned. Even with an emergency response there may not have been much chance but the point the legal case is based on appears to be that GEOS received an emergency notification without a GPS trace. GEOS attempted to contact the registered owner and the primary and secondary emergency contacts but got no answer.
The Spot Connect was logging points up until the crash, so it would appear that this accident unearthed a protocol error where GEOS did not have access to or a requirement to check the tracking points. If it had, they should have seen the device was in use and acted accordingly. GEOS is the emergency responder, not the tracking service.
Lengthy US Sailing report is here: http://offshore.ussailing.org/AssetFact ... ?vid=19623 (Page 90 shows the GEOS log)
I will ask my contact at Delorme if this is the case and if GEOS routinely checks tracking on emergency notification. I'd guess they might not make much comment about the legal case but they may respond to the tracking issue.