This novel legislation is a textbook case of judicial overreach. SB 328 allows Illinois courts to assert general personal jurisdiction over out-of-state companies even when the alleged injury did not happen here and has no connection to Illinois. If a business is registered or even briefly transacts business in the state, it is considered to have effectively “consented” to being sued in Illinois for 180 days. That is not justice, rather, a legal trap. Trial lawyers can now drag companies into Illinois courts for toxic tort claims that belong elsewhere, clogging our judicial system with lawsuits that have nothing to do with our state.
The flood of lawsuits this bill will unleash is no accident, it is by design. SB 328 was crafted to benefit the Governor’s allies in the trial bar, who stand to profit handsomely from forum shopping and inflated verdicts. The Illinois Trial Lawyers Association praised the bill, while Capitol News Illinois reported that critics, including the Illinois Manufacturers Association, warned it will be bad for business. The cost of doing business in Illinois will rise sharply as companies face new litigation risks simply for operating here. Manufacturers, logistics firms, and small businesses alike will be forced to reassess their presence in Illinois. Unfortunately, many will choose to leave. What is worse—when businesses leave, jobs go with them. SB 328 sends a clear message that Illinois is no longer a safe or predictable state to invest in. The bill’s narrow focus on toxic torts is misleading—the definition of “toxic substances” under Illinois law is so broad it could apply to countless everyday products. That means even routine commercial activity could trigger expansive liability. The result? Fewer jobs, slower growth, and a legal climate that rewards political insiders while punishing working families.
If the Governor truly cared about protecting Illinoisans from environmental harm, he’d strengthen enforcement and regulatory oversight, not rewrite jurisdictional rules to benefit his donors. SB 328 erodes constitutional protections, burdens our courts, and undermines the rule of law. SB 328 is not reform, it is a favor.
House Republicans will continue fighting for a fair, transparent legal system—one that supports economic growth, respects due process, and puts Illinois families first. SB 328 fails on every front. While working families across Illinois are tightening their belts, Governor JB Pritzker has made sure one group will not be going without this holiday season.