While I generally agree that suing the government isn't in and of itself and indicator of desperation, I also feel like there's a distinction between the lawsuits that are always immediately thrown around contesting government contract awards compared to lawsuits filed against legislation.

In the former, companies sue because it doesn't really cost them much to try and see if something works out in their favor, while in the latter they're suing because the legislation would have some negative effect on their existing business.