Shuffling early, as a defense against card counters, has been part of game for 50 years. I would say that if casinos were using computers to tell the dealer when the count was good, as a hint to shuffle, that would be cheating. I also think if the dealer counted himself and shuffled early on recreational players, that too would be cheating. However, if the dealer is doing it when you raise your bets, well, that is just the way the game is played. If you won your case with Gaming, the casinos would ruin the game for counters, like they did in Atlantic City over the Ken Uston lawsuit. The next thing you would see is every game on a continuous shuffler. Both sides would be better off to leave the cat and mouse game as it is.
This question is raised and discussed in my forum at Wizard of Vegas.