Sued under what laws exactly ? As long as no one broke an NDA (which would result in that guy getting sued, not the site) to get the rumor out or "stole" a phone (and then it's not Apple who's going to be suing, it's the state under the criminal code), what is it Apple is going to be suing for ?
The simple fact is, Freedom of Speech grants them immunity. Apple may not like their stuff leaked, but it's just a reality of doing business.