No, they will not always win.
Marci Hamilton, who tried the Berry case, knows better then most attorneys the uphill battle involved in finding ANY religion liable for the harm they cause. As part of the Jeff Anderson team they have won against the Catholic church many times but the JW's are a different situation. The abuser in the Berry case was not an elder (although it is alleged he was appointed a ministerial servant even after the charges of child abuse were brought to the elders) and was not secretly shuffled to another congregation by the WT society to hide his crime, as the Catholic hierarchy did. The main WT culpability in the Berry case, as I understand it, was the local elders
1 Did nothing to deal with the problem and did not send the mother and children to the authorities
2 Even advised them to not go to the authorities and to in essence leave it to 'Jehovah'. Especially to do this in the presence of the molester surely fortified his confidence that he could continue the molestation without risk of exposure.
Watchtower's accountability would be for creating the environment that this could happen, where members would come to untrained elders with criminal behavior and then the elders being more concerned about the congregations reputation than protecting it's children.
Presently the legislature protects religious institutions and even exempts them of the common laws that society must obey by letting them hide behind the First Amendment and state Ecclesiastical Exemption laws. If you combine this with the seemingly distant connection of the GB to what happens in a local congregation compared to the actions of the Catholic church in hiding pedophile priests, you can imagine how difficult it is going to me to demonstrate the Watchtower's accountability. This is going to be a process of educating the courts in how the Watchtower operates and the control they exercise over the local elders and individual JWs.
Hamilton is not finished with the WT. I think she will become a major entity in this battle in the future. Meanwhile, some interesting cases are coming to court soon from the efforts of the Love/Norris team. It is hopeful that some precedents will be set paving the way for many victories against the WT.
Its a slow process. We just have to be patient and come right back after each set back.
Steve