That's also assuming H3 wins, which can go either way since he's on record saying he quite literally orchestrated the whole thing to bait those people. I have no doubt that his jewish black magic and the power of capitalism will give him the edge, but even with such a foundation for a legal argument, one simple statement can bring his whole case down. Phil has literal hours of footage of him stating that restreamers, detractors and trolls don't affect him or his livelihood.
I really don't know what Phil's thinking here, this is some "Requiem For a Dream" levels of delusion. Is he expecting that once the H3 thing happens, lawyers will swarm him for the opportunity to sue Doody?