We just returned from the Be Live Palm Beach. We were there in October 2009 and did not notice a difference between the two visits. However, there was a lower number of guests this time. We travel out of the country a lot, and have no complaints about this resort. We are easy to please, but even so, found this resort to be clean, enjoyable, and satisfactory. If I wanted a 5 star resort, I would have paid for one.
I'm not sure of the status of the lawsuit, other than being told that it was not settled. For us, the only difference was that we had to book directly through the resort's web site .... nothing else.