First, you don't really know whether that'll hold up in court until it happens.
Second, by the time you're done with the court case, you'll have spent a tremendous amount of time and energy. Not only is that stressful by itself, it's also a big distraction from running the business, and every day you are busy with the court case you'll wish you were spending time working your business. The smaller you are, the more impactful distractions are.