Yeah, I knew that ISPs and websites might still try to track me in incognito, I thought I had a reasonable expectation that the browser manufacturer would not.
That said, I mostly use incognito
1. To look at sites as an unauthenticated user when I'm working on it as an authenticated user in the main browser window
2. To look at sites without cookies and without browser extensions running, especially when Privacy Badger is rendering the site unusable.
And I gave up Chrome anyway.
Still, I really think the suit is correct that Google is being willfully nefarious in this case. In the universe of Google haters, I am much less anti-Google than most people on this forum, but this does in fact quite bother me on principle.