I won't say they should get sued or anything. Things sound like other things, it just happens. But I mean, come on....how could they not have written that, listened back to it and said "holy shit we just wrote a Tom Petty song, we'd better not do that"? It's totally Last Dance With Mary Jane if you ask me.
This also reminds me of when John Fogerty was sued for plagiarising his own song:
http://sandefur.typepad.com/freespac...lagiarism.html