it seems likely that BTC sent in AFTER the hack announcement may be set aside in an eventual settlement
What about the people who don't go here. Shouldn't the site have a warning or an e-mail blast? . . .
As soon as BitFloor realized the extent of their legal problem, they shut down the site, contacted legal counsel and haven't brought the site back up or said another word here on bitcointalk (as I would expect their lawyers would advise them).
What is their responsibility prior to their realization of how deep they were? Did they act in good faith, or was there intentional fraud? This is yet to be determined, but my personal suspicions are that they have acted in good faith (though poor security) so far.