Difference between the GT350 & the ZL1 (or the SS for that mater): GM intended the regular car to be track capable, knowing that most would never use it as such.
Ford did NOT intend the base GT350 to be track capable, knowing that most people would never take it to a track. However, they knew that some would track it and therefore offered a track package with those specific buyers in mind.
The people suing Ford knowingly bought the car without getting the track package and then proceeded to take it to a track anyways. That is on them.
Think of it like this: on pickup trucks, there exist towing packages that can increase the tow rating of the truck by several thousand pounds. Whose fault is it when someone takes a half ton truck that isn't so equipped, hooks up a 12,000 lb trailer (instead of the 8500 lbs they should have), and cooks the transmission or causes some other failure. The manufacturer for not giving every single truck the maximum capacity, or the owner for exceeding the known capabilities of his truck?
Or what about suing because your ass gets cold in the winter and your car didn't come with heated leather seats, only basic cloth ones. Sure, you could have ticked the option box and gotten the upgrade but when you ordered you had no idea that you were ever going want that capability. The manufacturer knew the car would get cold in the winter, but they knowingly sold cars without heated seats. How dare they!
In my opinion, both of those scenarios make just as much sense as suing because your non-track pack GT350 was not track capable. How much more obvious does it need to be? Put it in the owners manual? Oh, right they pretty much did:
https://owner.ford.com/tools/account...tang&year=2016
So, they outright say that the GT350 needs coolers for track days and sustained high speed driving (coolers that come with the track pack and R model). And, they warn that it will go into limp mode if it starts to overheat.
Sounds like none of the folks suing bothered to spend a couple minutes reading their manual.