If anything this would be small claims. Read: you aren't gonna see this money anytime soon.
You are right, then of course this is not about money, but this is about teaching MtGox proper manners! And for the lawyer, trying a BTC case (of which many will follow), doing a good deed, and doing their job.
Might be better to encourage people to 'learn' rather than forcing your 'teachings' upon them. Never more so when it comes to gambling and other addictions.