[smileysteve]

> but to sue him at this time like he wasn't directly responsible for the billions

There are different intentions in lawsuits; You seem to think they're seeking damages, but it seems more likely they're just trying to prevent the torturous interference of uncertainty he is causing as news breaks that he wants to be CEO again.

Leaks of backchanneling directly affect their investment and exit strategy. Whether he is CEO, on the board, or "a trusted advisor" the investors and company want to have an appearance of solidarity and confidence.