Ordinarily I'm not hugely sympathetic for people who come looking for a payout, or free maintenance, just because their car needs a slightly expensive repair. Once you're out of warranty that's just the cost of ownership. Things break. New designs are introduced that fix original design weaknesses.
But in this case, where a tried-and-true $25 mechanical thermostat is replaced with a $350 electronic control valve, I really hope the courts force Subaru to learn a punishing, expensive lesson for this mindless over-engineering in the pursuit of 0.00001% emissions improvements. The repair process was clearly dead last on the engineers' priority list - with the mechanical thermostat, all you had to do was pull the lower radiator hose and remove the 2 housing bolts. To get at this electronic valve, the entire intake gets disassembled, manifold removed, and fuel pipe replaced. Not to mention all the other associated gaskets that have to be removed on the way.
Subaru could have gotten ahead of this by at least extending the warranty on the TCV to 10yr/100k. Now, I hope that at the bare minimum, they are ordered to recall every single one of the faulty design TCVs.