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Stanley Iola LLP

Kyle Orton Has Unfinished Business in Chicago

Some proponents of tort reform refer to trial lawyers as “ambulance-chasers” and use terms like “lawsuit lottery” and “jackpot justice” to describe any class action lawsuit that results in a substantial award for the plaintiffs.  While advocates of tort reform claim that so-called “frivolous lawsuits” are supposedly “clogging the courts,” the claim ignores the safeguards the judiciary already has in place to eliminate cases that have no merit.

Kyle Orton might have lost his starting quarterback job for the Denver Broncos this year, but he still stands to make nearly $9 million this season after being picked up by the Kansas City Chiefs. A person with that kind of salary is not likely to be thought of as an opportunist, and yet Orton was named as a plaintiff in a class action lawsuit filed on behalf of 20 National Football League (NFL) players. The Associated Press reported on December 30, 2011, that the lawsuit filed in Cook County Circuit Court claims a Chicago law firm cost Orton and the other players millions of dollars related to energy investments. In 2005, the defendant encouraged Orton, then a rookie with the Chicago Bears, and others to set up partnerships that would then invest in producers and sellers of gas generated at landfills, the AP said. In 2010, the plaintiffs learned that they did not qualify for the tax breaks that the law firm allegedly assured them they would benefit from.

The AP also noted that the suit does not provide an exact figure for how much the parties are seeking in damages, but when combined, it is expected to exceed $10 million. Does this lawsuit sound “frivolous” to you? Or is the fact that a notable professional athlete is a class member further testament to what class action lawsuits can do and the variety of people they represent?

Stanley Iola – Class action attorneys

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