Sony is no stranger to problems with the PS3, especially not on the firmware front. Since release, the company has introduced over a dozen separate firmware updates to address a multitude of issues. After the 3.01 update supposedly failed to fix one man's problem and in fact caused another, he says Sony attempted to charge him to fix the broken PS3. Sony commented on the situation in the past, saying they are aware of "isolated" instances where the firmware causes numerous glitches.
Sony might face a bigger issue though, as they claim the 3.01 firmware was the last major release for 2009 -- bad news for anybody who is still suffering from technical problems on a PS3. Is this worth suing over, though? I'd think a stronger move would be to take your console back -- though that may not be an option for many.