giving more hash power is less expensive than giving people refunds... especially if they have to refund in btc (which i can't see how they can afford to do, even if they promised it)
hash power only costs them 'cost price', whereas its value to customers is at 'retail price'... thus giving extra hash power is a valuable way for them to compensate people that costs less than its worth.
Absolutely. The problem is that "give more hashpower" alone doesn't eliminate the potential lawsuits. "Your choice of refund or more hashpower" probably would, but I would worry that there is enough distrust now that people wouldn't take the hashpower even if it was the better deal in terms of the numbers.