While I like your cornfield metaphor, I'm not sure it captures the truth. There are many talented lawyers working in the class action field, and arbitration agreements are almost universally accepted as a 'pro-business' stance that courts have made over the past decade: the courts realize that unless you create a forum that is favorable to corporate interests (Arbitration Companies) and allow contract offerors to funnel disputes into them, the companies that handily pay gross receipts tax to states will have less money, and the courts will have less money after devoting more of their time to cases that will get removed to federal court anyway. So in the end, it's politics, not legal skills, that are the determinant here.