Second, 787s have been flying for ~13 years and ~4.5 million flights [1]. Assuming they were unaware of the problem for the majority of that time, their unknowing maintenance and usage processes avoided critical failures due to the stated problems for a tremendous number of flights. Given they now know about it and are issuing a directive to enhance their processes to explicitly handle the problem, we can assume it is even less likely to occur than previously which was already experimentally determined to be ludicrously unlikely. Suing someone into oblivion for a error that has never manifested as a serious failure and that is exceedingly unlikely to manifest is a little excessive.
Third, they should be remediating problems as they arise balanced against the risks introduced by specification changes and against the alternative of other process modifications. Given Boeing’s other recent failings, they should be given strict scrutiny that they are faithfully following the traditional, highly effective remediation processes. It should only be worrisome if they are seeing disproportionately more problems than would be expected in a aircraft design of its age and are not remediating problems robustly and promptly.