ATRA says lawmakers added controversial language to SB 328

The American Tort Reform Association (ATRA) announced on the social media platform X that it warned Illinois lawmakers about the addition of controversial language to Senate Bill 328 (SB 328) in a last-minute effort to expand lawsuit jurisdiction before adjournment.

According to ATRA, with less than 12 hours remaining before adjournment, the Illinois House inserted language into SB 328 that mirrors provisions of Senate Bill 26 (SB 26), aimed at transforming Illinois into a general jurisdiction state. This move would enable out-of-state plaintiffs to sue out-of-state defendants in Illinois courts even if the claims are unrelated to Illinois. ATRA described this maneuver as a last-ditch effort that could make Illinois the lawsuit capital of the country.

As previously said by ATRA, the language in question was originally part of SB 26 and would subject all businesses registered in Illinois to broad litigation exposure, regardless of where a dispute originates. The association warned that this expansion of jurisdiction would drive away businesses, increase litigation volume, and elevate costs for families and employers. It emphasized that repackaging this language into SB 328 represents a renewed push for a policy they had already deemed one of the worst of the year.

According to the 2023–2024 Judicial Hellholes report published by the American Tort Reform Foundation, Illinois ranks as one of the worst states for civil justice, with Cook County occupying the No. 6 spot nationally. The report notes that while Cook County accounts for only 40% of the state’s population, it handles 91% of its high-dollar civil cases, indicating concentrated litigation activity. ATRA argues that legislation like SB 328 will worsen this imbalance and solidify Illinois’ reputation as a magnet for forum shopping and abusive litigation.

According to ATRA, it is a nonprofit advocacy organization focused on advancing civil justice reform to ensure a fair, balanced, and predictable legal system. The association is known for its annual Judicial Hellholes report, which highlights jurisdictions it views as problematic for civil litigation fairness. The group works with policymakers, legal experts, and business leaders to reduce lawsuit abuse and improve legal climates nationwide.