Yes, 3D realms might be getting sued by Take Two, even though they have shut down (or so we believe).
If the whole shutting down of 3D realms is to be believed, then this move by Take Two seems utterly pointless. The employees have lost their jobs, there is no more money in the piggy bank, so what more have you got to strip from them?
Hopefully this will not happen, but I guess this would never have happened in the first place had 3D realms not been faffing around for all these years, seriously Apogee, tell us what you've really been doing and shed some light on the whole "we've been sitting on our asses all this time" that some of us have come to believe. I know they wanted to make it the best game ever but waiting for more than 10 years is taking the biscuit, and a large one at that.
Personally I would like DNF to come out and I know everyone's sick of reading and seeing the details on it come out. But it's just got to the point of ridiculousness now, to the point where a company that is gone, is being sued because they refused to stop saying "Just wait a little bit longer, wait a little bit longer, a little bit more, ok we're shutting down, bye bye"
This just doesn't make sense unless Take Two knew all along and have decided to put an end to this practical joke and said, "you know what fuck this, BAM! lawsuit btiches!"
For all I know this could be massive BS, but it is an interesting turn. The story is short and sweet, unlike the production time for DNF;
http://criousgamer.com/take-two-sues-duke-nukem-forever-developers 
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And I just found out they published Commander keen, which I had no idea about, which makes it a double shame :(
Hell yes, I would sue those contractors. Duke Nukem 3D was a revolutionary game that everyone played, a sequel would have practically been a license to print money for Take Two. The wasted revenue alone is mind boggling, and the only thing to blame for the clusterfuck the project became was strong mismanagement of time and assets on 3d Realm's part.
It's sad when a games company goes bust, but the demise of 3D realm's is of they're own doing. It's not half as sad compared to a company like Factor 5 going to administrators.
The thing that makes Factor 5's demise sad is that they were a games company who actively seeked to create good games, granted, they failed at times. But it's more than what can be said for 3D realms.
There is absolutely no way to justify 3D realms obvious laziness and unwillingness to simply create the game, The corpse of Duke Nukem Forever has now been picked apart and analysed fervently by the internet, and you have to say, for a game 10 years in the making. There still isn't very much material from the game on the internet.
Yes, parts of the game exist, and theres an engine and probably a pre-alpha build laying around of it somewhere, but for 10 years development? The only conclusion you can come to is that the bosses of 3D realms have been swindling Take2, Take2 themselves are not huge publishers, they're not close to the level of Actiblizz or EA. Full credit to Take 2 for staying with them for so long. If I was boss of Take 2, I would have dropped DNF years ago, What company would pick up a game development project and team thats released less than 10 screenshots of a game in 10 years?
3D Realms are just rather pathetic, and their demise is a just reward.
I don't really even have sympathy for the people who've lost their jobs who were attached to the project, especially the project leaders.
The reason they could carry on this charade is because there was enough revenue from other projects, if this goes through it is wasting more money, ESPECIALLY if they don't get the claim.
My main point really is that the employees are going to get fucked, they haven't got any more money, are unemployed and Take Two are going to put them even more into the red, which is harsh considering if they have been trying to make DNF it is pointless if they were trying all this time.
If they have been trying and not wasting time I believe it might be because technology advances very fast especially since 1998. Having to change the engine, the specifications, the possible platforms, their marketing strategy, every single little detail has to be changed every year (or 6 months) depending on how the market is running and how technology advances.
Realistically after 10 years it would be highly probable that it is now physically impossible to make and finish DNF because of all the changes in technology and marketing.
Hence why games should take no more than 5 years to make otherwise it becomes difficult or will be not be as good as it can possibly be as things will have changed. Rockstar just managed this (4 years) as well as some of the gaps in between Final Fantasy games (4 at most).