I believe you're quoting an irrelevant rule. AFAICT, this was not a torts lawsuit. Wikimedia was not suing for damages, it asked the courts to declare certain

I believe you're quoting an irrelevant rule. AFAICT, this was not a torts lawsuit. Wikimedia was not suing for damages, it asked the courts to declare certain government practices illegal and/or force the government to desist these practices.