Dunno. That stuff was before my time. I will say that even though that lawsuit started the process, I think it has far less merit than the cases with Liquidbits and other creditors. If that case was the only legal trouble and they could afford to fight it, they would have won. A post in a forum or verbal statements from a customer service rep does not equal a contract.  

Common sense would dictate that a prepayment for a purchase in a highly volatile "property" would be converted back to the fiat exchange rate especially if the purpose of that payment is to fund building the product. I'm quite sure that if BTC had crashed to $1, everyone would be demanding their fiat price back. That said, yes, it is certainly facepalm worthy that they didn't foresee this scenario. They should have made it explicitly clear what exactly the refund terms would be. But this horse is dead. Those claims would only pay off if there were deep pockets to go after and lawyers could be paid enough to keep the case going long enough to force a settlement. Now there is a bankruptcy and $USD and paper contracts are all that are going to matter.