I'm averaging 51.2 on mostly highway driving, 49.4 in pure city driving. Way above claims. MPG is all about driving style. I could make it average 35mpg if I spent all day booting it to the floor and then slamming on the brakes.
I agree it is just driving smarter. Since I got the CT I pay more attention to lights changing not rocketing off at starts. Just driving normally no hyper mailing I am getting above the stated 42 MPG. Wonder if the person sueing is in CA. California seems to be sue happy onver anything.