Well, that may be the case in theory, but the Flying Imams got a cash settlement and the case serves as a deterent for airlines to take preemptive action. Our collective risk in flying went up significantly with that case.
There’s a dual purpose here.
First is to wear us down and hope for a nice fat lawsuit against anybody and everybody on the plane.
Second is to ready things for THE NEXT MASS ATTACK!
Cash settlement by the Defendant or a judgment awarded by a Jury? One sets legal precedent and the other is given by the airline to save face. Big difference......