GPT4 regurgitated almost full NYT articles verbatim. It's strange that this lawsuit seems to be so amateurish that they failed to properly demonstrate the reproduction. Though of course it might require a lot of legal technicalities that we naively think are trivial but they might be not.
Absolutely there were a few outliers where a judge might want to look more closely. I'd be surprised if -under scrutiny- there wouldn't be any issues whatsoever that OpenAI overlooked.
However, it seemed to me that over half of the NYT complaints were examples of using the -then rather new- ChatGPT web browsing feature to browse their own website. In the case, they then claimed surprise when it did just what you'd expect a web browsing feature to do.