getting even with e-Machines, OR, how I learned to yearn for true "tort reform."

[Black Bart]

About 15 years ago I bought a new e-junker from these guys (I know, I know, but it was $400 bucks; cut me a little slack-haven't you ever indulged the urge to buy cheap?). First one conked out-they sent a new one; #2 conked out-they sent another new one; #3 worked for four years and quietly passed away on my desk one day (to quote the tech-mortician: "I don't see how they even run").

Last week I got a class action notice and if I go along, I'll get a certificate for $62.50 around Christmas. So, you might ask; given three machines and some cash what's to complain about?

Nothing, except...I Wikied "tort reform" and it says the object's to (short version) "make
people whole." No question that I'm not in the hole, but... reading the fine print, I see that five "token" plaintiffs get $25K each (were their eMs that much worse than mine?).

Okay I can live with that (they're lucky; I'm not), but further it says that our "Class Counsel" (14 individual lawyers) are getting paid 800,000 of those $62.50 certificates -- put another way the ****ed vultures are making off with 50 million dollars. Now that's wholly whole. Much wholer than millions of consumers who actually bought the machines.

Is this fair? Well, strangely enough, they held a "Fairness Hearing" last week in Oklahoma to answer just that question. Haven't heard the results yet, but I've got a strong feeling that the judge said something like "Hey, these 13 guys worked hard for you. Would it be fair to deny them the whole kit and caboodle?"

[erchess]

Can you think of a better system?

Individual lawsuits can address situations where you have lost a ton of money or otherwise suffered huge harm. Some would even be of the opinion that they work too well and there have been moves in many states to limit jury awards to only a little more than proven economic harm suffered by the plaintiff. But the problem in your case was that it would have been foolish use of your money to try and punish emachines and yet many of us feel that there should be a mechanism to call to account an outfit with deep pockets that commits outrageous behavior which rakes in for them a small unjustified sum from each of a boatload of people and therefore ultimately a large sum. Lawyers make large fees I admit but they are limited by the marketplace just as we are. Rather than tell a lawyer that he or she charges too much I prefer to tell myself that I charge too little.