Legally he WOULD have a case in court, seeing as apparently many, many users got their OLD models replaced yet he can't? Why is that? Either Apple applies the same rule to everyone, or they apply it to no one. He IS entitled, legally, as well, because they no longer produce the 2010 models, yet they OWE HIM a working model. How can you even disagree with that? If they can't procure one for him, another solution MOST be come to, otherwise legal ramifications will be in order. At least, they should be. They can't leave him with a defective product.
You people are all up in arms because he used to word entitled. Normally, yes, that's annoying, but legally, now, he is. There's a difference between a store manager being nice once and bending the rules for one person, but for hundreds, possibly? No, that's messed up.
No, they would be required to give him a new one WHEN THE CURRENT STOCK OF 2010 IS GONE. If Apple can still secure a 2010 model that matches his then that is what he gets, because Apple has moved on does not mean the stock has run out. They may replace the older models because THEY ARE OUT. They are not required to give you a BRAND NEW PRODUCT, AppleCare is to FIX. Not replace. If the trackpad goes bad 60 times, they still only have to replace the trackpad.