With litigation your Mt.Gox account could and most likely will become frozen pending the outcome of any settlement which "could take years" pending appeals and if any actual payment to your bank account.

You must considered the outcome of your Mt.Gox account becoming frozen during the litigation process, and the "possibility" that BTC withdraws "may" become available again in the the short term which could mean those who waited see their BTC before those who litigate.

Litigation is a long and costly battle and you must seriously consider all your options and avenues before heading down that path.

Having said that I'm personally willing to fight this out and look forward to the day Mt.Gox owns up to all it's incompetence.