Band on the Run - " If you sue and lose, your cause is set back by fifty, one hundred, one hundred and fifty years...If you win, you win whole hog or a tiny bit hog..."
Band's right.
Whether or not a case even goes to trial is often overwhelmingly determined by precedents set by previous cases.
It's setting a new landmark that requires the hard work.
It's one of the reasons I'm positive the WTS will continue appealing the Conti case all the way up to the Supreme Court; a SCOTUS win for them could effectively immunize them against all further child abuse-related litigation.
A victory like that would definately be viewed by the WT legal department as worth the risk.
You'll never be able to successfully litigate the WTS for shunning, though.
There might be a more effective long-term strategy, however.
Many of us forget that the WTS has thrived by availing itself of the resources of "The World". Over the past century, they've regularly obtained the support and assistance of external organizations in advancing the WT agenda under the banners of "freedom of speech" and "freedom of religion" (the ACLU, UN NGO status, etc...).
However, as these organizations become increasingly informed that the WTS does not internally practice the tolerance and freedoms that it advocates publicly (and that, more importantly, are fundamental principles of these organizations), that support and assistance will inevitably be withdrawn, and rightly so. It won't require decisions imposed by the justice system to do it, either; they're own internal policies will determine that decision.
This cannot help but result in a reduction of the WTS's ability to function in the wider world around them (because by now, progressive internal reform is all but impossible). Like I've said before, they haven't made many friends in high places.
And the more the WTS's ability to function in the wider world around them is limited, the more crippled it's ability to function internally will be.
I think they know it, too.