You previously said that eligius lost ~400 BTC, based on $571 for 1 BTC that comes out to ~$228,400 that was stolen. Your largest mining address lost ~$14,850 from the selfish miner. If you look at your number 5 mining address they only lost ~$3,300 from the selfish miner. The point is that the amounts of individual miners are relatively small and probably would not be worth hiring an attorney over, also attorneys would probably want to be paid by the hour for a case with that much is dispute. If you were to hire an attorney to bring a case trying to recover the entire $228,400 (400 BTC) then there would be a better chance that an attorney would work on a contingent basis (agree to only get paid if they win and the payment would be taken out of the settlement/judgment).

2 - Individual miners may not have standing to sue the selfish miner. In a civil case (involving money/damages) you must prove that damages be caused, but also that he damages were against you. There is clearly a relationship between the miners and the pool (the miners provide work for the pool and in exchange for each unit of work the pool provides a maximum amount of payment, if payment is less then the maximum then when the pool can afford to pay more then the maximum the units that got paid less get paid more). The relationship between miners at the pool are not as clear. I am not an attorney, but I think a likely ruling would be if a miner tried to sue another miner at the same pool, the judge would say that their "beef" is with the pool operator, not the selfish miner. On the other hand if the pool operator were to sue a miner the damages are more clear, as the miner did not provide the work, the miner said they provided the work, and the pool operator paid for the work that was not done. There is clearly a fraud here.