"FWIW, the problem occurs primarily when driving hard to the right at high RPMs (~5000 IIRC is when the engine gets starved), due to the shape of the oil pan"
People who raced the cars on a track have had the problem and also "driving hard" is a general term. I'd say if you drive the car "hard", then expect issues to come up. "Hard driving" = abuse.
If someone rolls a Tour at a track and totals the car, is it Ford's fault?
Also, try driving that S'nota at a track and see if it would hold up. And see if "Americas Best Warranty" would cover "hard driving".
