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* The Governor signed a plethora of bills this afternoon, including the Illinois Trial Lawyers Association’s Senate bill 328. From the governor’s press release…
Bill Number: SB0328
Description: Expands jurisdiction for claims alleging injury or illness resulting from exposure to toxic substances. Under this bill, a foreign corporation consents to general jurisdiction in this state in the limited circumstances involving actions (1) alleging injury or illness resulting from exposure to a substance defined as “toxic” under the Uniform Hazardous Substances Act of Illinois (430 ILCS 35), and (2) where jurisdiction is proper under section 2-209(a) of the Code of Civil Procedure (735 ILCS 5/2-209(a)) as to one or more named co-defendants. By its express terms, SB 328 does not allow the exercise of general jurisdiction over a foreign corporation in actions that are not covered by the Uniform Hazardous Substances Act of Illinois, as set forth in section 13 of that Act (430 ILCS 35/13).
Action: Signed
Effective: Immediately
* From the Tribune earlier this month…
A proposed law on the governor’s desk would expand the reach of personal injury lawyers, allowing them to file suit against any business operating in Illinois that exposes individuals to toxic substances — even if the company and the plaintiffs are based in another state.
Trial lawyers say the measure would offer fairness and convenience, primarily for Illinois residents who are injured in other states. Traditionally those plaintiffs have had to file suit in the state where they were hurt or where the company is headquartered. […]
Under the measure, any company that registers to do business in Illinois could be brought into court to face allegations of harm from toxic substances. Cases of this type routinely involve multiple defendants, and under the measure only one of them needs to be from Illinois.
An Illinois resident who is injured in multiple states, such as someone who was exposed to asbestos while working at his employer’s plants around the country, would be able to sue in his home state, rather than having to file in multiple jurisdictions, said Tim Cavanagh, president of the Illinois Trial Lawyers Association.
* The Illinois Manufacturers’ Association called on the governor to veto the bill. Crain’s…
Several trade groups are urging Gov. JB Pritzker to veto the bill. They include the Illinois Manufacturers’ Association, the Illinois Retail Merchants Association, Illinois Restaurant Association and the Chicagoland and Illinois chambers of commerce. […]
“If this bill is enacted, it’s going to create a black eye for Illinois when we’re pursuing economic development opportunities,” says Mark Denzler, CEO of the Illinois Manufacturers’ Association. ”Illinois does not need another burden to overcome in attracting business.”
* Mark Denzler, CEO of the Illinois Manufacturers’ Association, told this to Rich today…
I’m an outspoken advocate for Illinois, and have been very supportive of the governor and the General Assembly and a lot of things they’ve done.
This is a huge step backward. Illinois is now going to be only the second state in the nation with this. And this is getting national attention in an unwanted way from the business community. And again, we take a couple steps forward, and then this is an unforced error where we’re taking steps backward. And the business community across the United States has paid attention to it.
In our opinion they should let the courts in Pennsylvania work through this to see if it is unconstitutional. But why create a black eye for Illinois when we’ve made so many positive steps?
* The Illinois Trial Lawyers Association…
The Illinois Trial Lawyers Association thanks Gov. JB Pritzker for acting to protect those who live and work in our state from toxic substances by signing Senate Bill 328 into law. We applaud the governor for rejecting the Trumpian propaganda campaign of lies and fear-mongering mounted by the opponents to this urgently needed measure.
The sole intent of this new law is to provide the possibility of a more complete justice for grievous harms done to people by corporations that failed to protect their employees or customers from exposure to toxic substances. It will allow individuals who have suffered due to the actions of a company doing business in Illinois to hold accountable all businesses that contributed to their injury or illness, not just those that are legally or physically headquartered here.
For those who are sick or dying, who cannot navigate the process of retaining legal counsel and filing suits in multiple states, nor endure the rigors of extensive and expensive travel for court proceedings, this change is a godsend and will ease the already considerable burdens they bear.
We also thank the members of the General Assembly who voted to send SB 328 to the governor. They, too, are to be commended for recognizing that, while those at the nation’s capitol strip away health, workplace and environmental protections, Illinois chooses a different path and will not tolerate people being exploited and hurt by big-money special interests.
The truth is that Illinois is a very good state for business. It always has been and will continue to be now that SB 328 has become law. We have a highly skilled workforce, robust transportation networks and a wide range of economic sectors, including agriculture, arts, education, health care, logistics, manufacturing and professional services. We are an example for the nation that proves it’s not necessary to embrace race-to-the-bottom policies that trample workers’ rights and eliminate consumer protections to thrive.
Gov. Pritzker’s signature on SB 328 has added additional teeth to our laws that will deter big businesses from behaving badly by putting profits before people and unfairly forcing Illinois taxpayers to clean up the messes irresponsible corporations leave behind.
* Senate Republican Leader John Curran…
“I am deeply disappointed that Gov. Pritzker ignored our calls to join the Governor of New York in vetoing this special interest legislation that will further deter businesses from investing in Illinois. Under Gov. Pritzker, Illinois is a bottom five state in the nation for economic growth and job creation because of bad business policies like SB 328. Gov. Pritzker and his legislative allies continue to protect special interest insiders at the expense of working families across Illinois.”
* Press release…
Statement from Leading Business Groups on Gov. Pritzker Signing Sweeping Legal Overreach Legislation SB 328
Illinois’ business community issued the following statement following Gov. JB Pritzker signing SB 328.
“We are disappointed that Gov. JB Pritzker did not take this opportunity to protect the citizens, business community and economy of Illinois by vetoing SB 328. By failing to reject this disastrous proposal, businesses and taxpayers will now be vulnerable to predatory lawsuits that will clog up our legal system and stymie our economic growth.
This measure, brought forth by trial lawyers in the final hours of the legislative session, creates a significant and concerning expansion of liability for out-of-state businesses operating in Illinois. Under this law, any company simply registered to do business in Illinois is subject to lawsuits, even when the underlying claims and parties have no connection to the state. Rather than moving to Illinois and creating new jobs and economic investment, many businesses will avoid our state entirely, undermining the momentum our state has worked so hard to create.
We urge Governor Pritzker and the Illinois General Assembly to refocus their efforts on economic growth and expansion, which benefits all workers, families and communities.”
* House Minority Leader Tony McCombie…
“At a time when Illinois should be focused on growth and opportunity, Democrats have once again chosen to reward trial lawyers at the expense of job creators. Our state already ranks at the top in all the wrong categories, and with Governor Pritzker signing SB 328, he’s turning up the heat on an already hostile business climate.”
…Adding… Jennifer Walling at the Illinois Environmental Council…
“We thank Governor Pritzker for signing SB328 to close a dangerous loophole that allowed out-of-state polluters to harm Illinois communities without accountability,” said Jennifer Walling, Executive Director of the Illinois Environmental Council. “This law ensures polluters—not Illinois residents—pay for the damage they cause.”
Illinois has long been recognized as a leader in environmental protection and public health. However, a significant loophole in our laws has allowed some of the worst polluters to evade accountability, simply because they are headquartered out of state. With the signing of Senate Bill 328 (SB328), Governor Pritzker has taken a commendable step toward closing this dangerous gap.
This new law addresses a critical issue: when out-of-state corporations use hazardous substances in their Illinois operations, they can sometimes escape responsibility in Illinois courts. This has left our communities, suffering from toxic pollution and long-term illnesses, without full recourse under our own laws.
One glaring example of this issue is the PFAS contamination, a group of highly problematic chemicals used in manufacturing. These so-called “forever chemicals” have been detected in drinking water systems throughout Illinois, linked to severe health issues, including cancer and thyroid disease. Disturbingly, many corporations responsible for this pollution operate far beyond our state borders, often evading legal accountability for the harm they cause to Illinois residents and our water.
The enactment of SB328 ensures that foreign corporations conducting business in Illinois will be held to the same legal standards as Illinois-based companies when they cause harm through hazardous substances. This means that polluters, whether they are based in Chicago, St. Louis, or even Shanghai, will be held accountable for the damage they inflict on our communities.
posted by Isabel Miller
Friday, Aug 15, 25 @ 3:37 pm
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Comment by @misterjayem Friday, Aug 15, 25 @ 3:42 pm