I've got the 'Borat' blues

Sacha Baron Cohen's "Borat" was the funniest film not to have the words "Judd" or "Apatow" in the credits. But I'm uneasy about Cohen's latest legal victory regarding the film.
Essentially, a lawsuit filed by one of the participants in the film (the etiquette expert) was discarded on a technicality.
I know movies, not the law, but it seems odd that someone can be duped into appearing in a major motion picture and not have any legal recourse.
Now, as a movie goer I'm delighted the etiquette expert had to confront a bag full of Borat droppings -- surely that year's rudest scene.
But legally, it seems more than a bit dicey.