We cannot be both judge and jury;
You've been a member of PPRuNe for how long?
This, in my opinion, was an accident waiting to happen. Over reliance on automation causing complacency, lack of training, fear inducing company culture, possibility that the pilots involved were flying fatiguing roster patterns, lack of understanding of the aircraft and its possible pitfalls (as apparently explained in manuals). I know that other companies in the region are now training this exact scenario in the sim, fortunately for them it wasn't their horse that has already bolted!
The fact of the matter is the TOGA switch performed as expected and as Boeing explains in its manuals so I don't think the plaintiffs will get too far.