ATRA warns SB 26 would expand court jurisdiction

The American Tort Reform Association (ATRA) has issued a warning to Illinois lawmakers regarding Senate Bill 26, which it claims would expand court jurisdiction, negatively impact the state's business environment, and increase costs for residents.

According to ATRA, Senate Bill 26 was amended in the final hours of the legislative session and proposes to shift Illinois from a "specific jurisdiction" to a "general jurisdiction" state. This change would enable Illinois courts to oversee cases involving out-of-state plaintiffs and defendants, even when the underlying claims have no connection to Illinois. ATRA President Tiger Joyce described the bill as "one of the single worst pieces of legislation, nationwide, that we have seen this year," highlighting concerns that Illinois could become a center for nationwide litigation unrelated to the state.

ATRA reports that excessive tort costs result in Illinois losing over 208,000 jobs annually. Each resident effectively pays a "tort tax" of $1,919 per year—the seventh-highest in the nation. In Chicago, this figure rises to nearly $2,500 per person. The organization warns that the enactment of SB 26 could worsen these economic burdens by attracting more lawsuits to the state.

The 2023–2024 Judicial Hellholes report by the American Tort Reform Foundation ranks Cook County, Illinois, as the sixth worst jurisdiction for civil litigation fairness in the United States. Despite comprising only 40% of the state's population, Cook County accounts for 91% of Illinois' high-value civil cases. ATRA cautions that SB 26 would further strain the state's legal system by inviting a surge of out-of-state lawsuits and reinforcing Illinois' negative reputation among businesses.

According to ATRA, it is a national nonprofit organization dedicated to advocating for a fair and balanced civil justice system through policy reform. The association works with legislators, publishes research, and releases its annual Judicial Hellholes report to highlight litigation abuses and promote legal accountability. Its mission is to curb lawsuit abuse, reduce legal costs, and improve state-level business climates through civil justice reform.