On one hand, I hate banks. They treated me like shit when I was penniless, now that I have a couple to rub together they won't let me cash a check without trying to suck-up their way into some new type of account. Ocean Bank failed to protect their customer's money; I don't to see the difference between the FDIC protection afforded depositors in case of physical robbery and the protection that depositors should have from digital robbery.
On the other hand, there's no law, case or otherwise, that makes the bank specifically liable. So the judge has no basis on which to hold the bank accountable.
They "should" be liable, but it's an ethics issue, not a legality issue. I'm not about to expect a bank to be ethical.
This kind of thing makes me thankful for Wells Fargo. Their fraud/theft detection system is tops and has saved us from fraudulent charges in at least two instances.