Vanderbilt University law professor and former law clerk to U.S. Supreme Court Justice Antonin Scalia Brian T. Fitzpatrick has a bone to pick with litigators and judges handling class-action lawsuits.

In light of recent rule changes aimed at streamlining cases, Fitzpatrick claims now is the time to remove some financial burdens for defendants, who he says are regularly forced to settle lawsuits for more than they’re worth—simply to avoid facing enormous discovery costs.