Have you ever sued someone? It costs money, it takes years, and if you might prevail to the tune of a return, the llc just declares bankruptcy, then it takes more money, more time, and in my case, I couldn't stop the bankruptcy.
That was with a small firm - Ramp that up and you are fighting against lots of lawyers with lots of time and lots of nod and winks since the Judge was a lawyer too.
Unless "loser pays" is adopted in the US (with the cost being 50/50 paid for in a ratio that reflects the plaintiff and defendants income), the winners will always be the ones with the deepest pockets.
Large corporations will be forced to settle rather than dominate in that case as losing a case that they know they are in violation for will be catastrophic since they have to pay up the full tab and cover the lawyers expenses for the opposing party.