American Tort Reform Association says Illinois is creating unprecedented liability for businesses

The American Tort Reform Association (ATRA) has expressed strong disapproval of Governor J.B. Pritzker's recent enactment of S.B. 328, cautioning that the new law could impose extensive liability on businesses and undermine Illinois's economic competitiveness. This was conveyed in a press release issued by ATRA.

According to the August 18 press release from ATRA, Governor Pritzker signed S.B. 328 into law on August 15. The association criticized this action as a significant expansion of liability for businesses, including those without ties to Illinois, potentially inviting mass tort forum shopping in the state. ATRA highlighted that this decision contrasts with New York Governor Kathy Hochul's vetoes of similar legislation, suggesting that Pritzker missed an opportunity to prevent business flight.

In its annual Legislative HeatCheck report, ATRA labeled Illinois as a "Lawsuit Inferno," largely due to the passage of S.B. 328. The report noted that the legislation—sponsored by Senate President Don Harmon, Senator Mary Edly-Allen, and Representative Jay Hoffman—was expedited after a previous version failed under scrutiny. The association warned that this swift passage indicates Illinois is now open for nationwide trial attorneys seeking favorable venues.

ATRA’s Judicial Hellholes report highlighted Cook County's handling of 91% of Illinois’s high-value civil litigation despite comprising only 40% of the state's population, pointing to a significant venue imbalance. The report also mentioned Madison and St. Clair Counties for their high volume of asbestos litigation cases, emphasizing Illinois’s susceptibility to large-scale claims. ATRA argues that S.B. 328 will worsen these trends by increasing litigation burdens on state courts and inflating the "tort tax" affecting residents financially.

The American Tort Reform Association describes itself as a national advocacy group focused on promoting fairness and balance in the civil justice system. It aims to reform practices contributing to lawsuit abuse and excessive damages while enhancing judicial transparency for economic stability and consumer protection.