I'm pretty tired of the cliche and trite "scumbag lawyer" thing, too. Perhaps those parrotting that rubbish should do some RESEARCH into the good, and there has been PLENTY of it, that class action suits have done.
I imagine you don't intend to do so, but you come across as some indignant, self-righteous putz. The oft-repeated "scumbag lawyer" cliché exists for a reason; it will only fade when the legal profession rids itself of the individuals whose actions keep the cliché alive. Does it apply to all attorneys? Of course not, only the immature would think a cliché defines the whole.
Back to the point: The simple fact is that unless there are willing customers ready and able to buy the product, no company can sell a thing, not even Apple. Despite all the negative press, they continue to sell iphone4's to willing customers. Those customers aren't dumb ignorant automatons; they've read the press, they've talked to their friends and associates, and they've made the decision to try the phone out and see for themselves. If it doesn't work out, they can return it.
Of course the class action suit process has done significant good in righting wrongs. I can think of several instances where it is only through the class action process that people were able to address their grievances. At the same time, no reasonable person can deny the not-insignificant abuses the system by lawyers who epitomize the "scumbag lawyer" moniker. Clichés persist for a reason.
It is my opinion that suing Apple over the antenna thing is an abuse of the class-action suit process. Where is the unavoidable injury and lack of redress? Those who purchased before the overwhelming media storm had the option of returning the phone for refund or being given a free case that solved the problem. Those who purchased after the media storm broke went in with eyes wide open and still had the option of returning for refund if it didn't work for them.
Could the product be better? Sure. Does it work as advertised? For most people, yes. Those for whom it doesn't have the ability to return the phone. No need for a class action suit. The only winners in such a suit would be the lawyers who bring it.
