There are some civil cases pending including one's against SUN and Microsoft. In general most IT professionals do not wish to file such suits because after filing such a suit one is completely unemployable in the industry an dmost of these people do not hold to the "Class action" lawsuit ideal. Further there is a problem with standing to bring actions. Since the primary transaction for getting in an H1B worker is between the employer and the INS there is no standing for a job applicant to bring suit.
Now as to those companies that are supposedly using the H1B program in a fair and necessary way I say they should prove that is the case. In short the burden of proof must be on the company. They are the one's who wish to import a non-citizen to work in this nation. They should prove the absolute need. We can then reinstitute a very limited program to address those needs. If we are to have hardships endured by Americans let it be by those who wish to import foreign nationals rather than by Americans who seek to work.
My company is one, and a simple FOIA to the INS will reveal everything to be above board. The "burden of proof" is borne through the process. The proof itself is on file. Again, these are non-IT positions.