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Nor is there any question that plaintiff should (and does) have avenues of redress.
In an important age discrimination case, Justice Owen dissented to argue that the plaintiff should have to meet a higher standard than Texas law requires.
"In fact, the court said we need not decide where or in whose custody the plaintiff should remain while this appeal is pending".
A lawyer for the company, Theodore J. Boutrous Jr., said a single class-action plaintiff should not be allowed to sign away money that might be owed to other members of the class.
To back up his legal theory that the lawyer for the single-biggest plaintiff should get the nod, he asked his other client, Amalgamated Bank, to step down, and the bank, with only $10 million in losses, agreed.
But in an op-ed article published Monday in The Midland Reporter-Telegram, Mr. Creighton, along with six of his House colleagues, used language that suggested a focus on plaintiffs: "A plaintiff should be required to pay the defendant's legal fees in cases where a court determines that a lawsuit is groundless or where a jury determines a suit is frivolous".
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Aquilina said: "Plaintiffs shouldn't have been blindsided".
But class-action experts said the plaintiffs should meet the judge's requirements.
Later in July 2003, the Court of Appeals in Washington ruled that the plaintiffs should look elsewhere for payment, effectively dismissing the case.
At the hearing last month, Judge Hellerstein not only faulted the amount of compensation but said that the city, not the plaintiffs, should pay the lawyers' fees.
Maybe in the next go-round plaintiffs should take a crack at whoever promoted such a market in the first place.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com