Formula payouts, often seen in class actions, deprive those truly injured of fair compensation. Consumers seem to be at the mercy of an unstated conspiracy by some defense and plaintiff lawyers in class action suits. Defense attorneys want out of the lawsuit at any cost and under any condition, while plaintiff lawyers want to negotiate a deal that best serves them. Oftentimes, the consumer is dealt out. Class actions have also become an effective court shopping tool.
Current statutes allow attorneys to game the system and dictate where a class action is heard.
The lawyer can virtually handpick the judge or jurisdiction as well as the state in which the laws are most favarable to his chance of winning. Oftentimes, the consumer is dealt out. Smaller suits, suits of a local nature or suits against the state or state officials should rightfully be heard in state court. But, big suits with interstate interests should logically be heard in federal court. Yet, plaintiff lawyers are adept at keeping cases out of federal court, knowing that federal judges are more apt to apply the law as written rather than create their own law from the bench.