As the deadline looms for Illinois Gov. JB Pritzker to act on Illinois’ jurisdiction expanding bill, the legislation’s supporters and critics are turning to the media and letter writing campaigns. The bill in question is Senate Bill 328, a proposed law that would enable someone claiming injury from toxic exposure to sue in Illinois regardless of where or how the exposure occurred, as long as the defendant company is registered to do business in the state.
The Illinois Coalition for Legal Reform (ICLR) is urging small businesses to write to the governor in opposition to this bill. As they put it: “SB 328 will expose Illinois businesses to lawsuits over incidents that never happened here. It’s a direct threat to our already razor-thin margins and will drive up our costs — costs we can’t afford to absorb.” The Coalition further argues that this measure would be “a giveaway to trial lawyers — rushed through without regard for the Illinois businesses and consumers who will be stuck footing the bill.”
On its face, this bill only applies to lawsuits involving so-called “toxic” exposures. But SB 328 borrows an expansive definition from Illinois’ Uniform Hazardous Substances Act that covers anything capable of causing harm through ingestion, inhalation, or skin contact. That includes not just industrial chemicals, but also everyday goods like food, medicine, household products, and baby formula.
Katie Reilly, ICLR’s Executive Director, opined in the State Journal-Register that if signed into law, SB 328 would expose companies operating in Illinois to a tidal wave of out-of-state lawsuits that have nothing to do with the state, brought by people who don’t live in Illinois for incidents that did not happen there. Describing this practice as “litigation tourism,” Reilly claims Illinois will become its poster child if Gov. Pritzker fails to veto the bill.
The editorial board of a local Chicago publication, the Daily Herald, points to ethics as the fundamental reason the governor should veto the bill noting, it will “define his leadership and his party’s commitment to good government.” It flags as suspicious the bill’s rushed, seemingly unobstructed path through the legislative process. The Herald’s board also notes business leaders’ concerns that rather than saving the “busy courts’ time,” the measure could wind up clogging the courts with cases, leading to greater expenses and delays.
Other Illinois publications like The Daily Line and Crain’s Chicago Business have also featured recent stories about state political and business figures speaking out against the bill.
Unsurprisingly, the Illinois Trial Lawyers Association has launched its own campaign to support the forum shopping bill: SB 328: Separating Lies From Truth.
As discussions continue, a coalition of businesses and associations met with the governor’s staff earlier this week to discuss their objections. The bill was sent to the governor on June 30. If after 60 days he has not vetoed it, the bill will become law with or without his signature.
