My last employer got nasty an unethical when I quit. I may have to sue them. Should I include them in resume?

When I gave my notice, which was a month and a half notice, indicating that I would be relocating, the next day I was told that they would make this my last day. I was ok with that because the job was awful; however, we had made a previous arrangement before my decision to relocate that I would be able to take time off for my wedding, and that I would make up the time. Well before the leaving I had made up 72 hours of work in advance of the wedding. Now this employer does not want to pay me for those hours. I however worked these hours, and want to be paid for the work I have performed, so I have legal action pending against the company. However, if potential new employers call this company they will most likely bad mouth me due to the fact I am pursuing legal action, and they will potentially tell untruths about me work performance. I was not at this company very long, so would l do better just leaving them off my resume and applications or not?