you never been to court have you? fight the battles that you can win not ones you want to win.. in fact anything you know you can't win you shouldn't even bring up. Go after what they said in the early refund responses
They attorneys taking it on contingency on the amounts above and beyond the offered settlements sure don't seem to agree with you. Everyone can also see the clear and explicit promises of 1:1 Bitcoin refunds both in public and in private communications. By all means, anyone who somehow didn't get the message that 1:1 refunds on failure were part of the deal and didn't make their purchasing decision because of it: take the settlement leave the assets for the recovery of those of us who relied on the original terms.