[res0nat0r]

I don't know how "intelligent routing" can be defined to mean anything. It can be interpreted a million different ways. This is probably one of the reasons why they used it in their marketing because it sounds cool and is a generic term that could be applied to anything.

I don't see much of anything in a lawsuit unless specific metrics related to SLA's that were agreed to were broken.

[jacques_chester]

The documentation used to say that requests were routed to the next idle dyno, but the behaviour was silently changed to be random distribution, which is substantially worse for the customer. There seemed to be previous cases where Heroku were aware of the discrepancy but didn't act to fix it.

That's generally considered uncool.