A judge does not have to understand the bitcoin protocol to understand that, by delivering some prepaid goods 6+ months after the date due, a merchant can cause substantial loss to a client -- a loss that is not compensated by delivering said goods or some other vaguely similar goods. Consider a baker that delivers a wedding cake six months after the marriage ceremony. People should consult a lawyer if possible, but I would expect any small-claims court to award the client with full refund AND indemnity for the loss.
If the client can show that the merchant also lied about the goods being on their way, it makes matters much worse, because it shows bad faith. Even worse if the cake that was delivered was half-baked and smelled of rotten fish.
This actually is valid. From a court perspective...the only thing is the complaint would need to be airtight. This is the main problem I always had with the class action to begin with. It was a poorly framed (not the lead plantiffs fault, the lawyers should have been better about that) complaint, that had enough holes in it to drive a truck through figuratively speaking. It is why we are still waiting and the class action is not certified. In all likelihood lawyers probably saw there was no chance for a recovery here since they were working on consignment as it is.
IF a new suit were to be filed, then it would need to be very clear on damages and demonstrate material damage via actual numbers (which would require loss of profit from lead plantiff order date to the date complaint is filed which is easily done with a spreadsheet that shows closing price on BTC for each day and mining profits based on a given amount of THs. This can also be quanitfied via hardware depreciation (difficulty level can be used to some degree but more relevant would be technology asset depreciation) Also IF a new lawsuit were to be filed then it would also need to demonstrate if there were bait and switch tactics involved it would need to be clear, ALSO specifically citing any FTC regulations to back up any allegations. When leveling the complaint it has to be done citing prior case law or laws on the books as footnotes in order for a judge to look it over more throughly. This is where the original complaint failed miserably. It was a lazy attempt at a complaint. If they (lawyers) had put it together right, they would cite prior cases OR laws on the books. It makes it easier to argue out of it. And now this is where things are at.
As you said....they judge does not need to know about bitcoin. Just needs to see the numbers and details of the situation in terms of loss.