That's a provocative remark? If Rall sues her, then it sets a precedent that should scare the hell out of Leno, Letterman, and Conan. After the grown-ups get done with trivial things like running the country and prosecuting the war on terror and have a little time on their hands they can go after the late-night comics with lawsuits.
You are correct Leno makes jokes like this every night. If Ralls wins this it will shut Letterman and Leno down.