We have a solution for this: preliminary injection.
IANAL, so perhaps this is still opening up for lots of liability, but I'd much prefer Apple say "You want it taken down? Ask the judge for a preliminary injunction. Until then, go away."
Preliminary injunctions are the due process mechanism for causing the action to cease while it's litigated rather than continue. They, not Apple's whim/decision/liability-aversion, should be how this kind of thing happens IMO.