I mean, you can be sued for anything, but it will get thrown out. Like, I guess the MPAA could offer a movie for download, then try to sue the first hop they upload a chunk to, but that really doesn’t make any sense (because they offered it for download in the first place). Furthermore, the first hop(s) aren’t the people that are using the file, and they can’t even read it. If people could successfully sue nodes, then ISPs and postal services could be sued for anything that passes through their networks.