Illinois is known for large verdicts in toxic tort cases, and the state has become a prime venue for forum shopping by plaintiffs’ attorneys. Illinois Senate Bill 328, if signed into law, will make it easier for plaintiffs to hail an out-of-state defendant into Illinois courts for personal injury and wrongful death lawsuits, even if the defendant’s alleged tortious conduct did not occur in Illinois.

Illinois Senate Bill 328 represents a significant shift in the state’s approach to personal jurisdiction over out-of-state corporations that find themselves in toxic tort lawsuits. The bill, which has passed both chambers of the Illinois General Assembly and is expected to be signed by Governor JB Pritzker, amends Illinois statutes to expand the state’s jurisdictional reach. Specifically, the bill establishes that a foreign corporation consents to general personal jurisdiction in Illinois courts if they are registered to do business or are transacting any business in the state, regardless of where that corporation is headquartered or domiciled.

The law applies only to lawsuits alleging injury or illness resulting from exposure to a “toxic substance,” defined by the Uniform Hazardous Substances Act of Illinois as any “non-radioactive substance capable of causing bodily injury or illness through ingestion, inhalation, or absorption.” 430 ILCS 35/2-5. On its face, this broad definition will not only apply to potentially hazardous chemicals, but may also include medications, cosmetics, plastics, and food.

The proposed law has limits. Under the law, if enacted, at least one defendant in a case must be subject to personal jurisdiction in Illinois under traditional principles. A corporation can also withdraw its consent to general jurisdiction by formally withdrawing its business registration in Illinois or, if not registered, by ceasing to conduct business in the state – although consent remains effective for 180 days following the commission of every act constituting a transaction of business. For companies currently registered to do business in Illinois, consent to general jurisdiction is not triggered until the next annual report filing after the law’s effective date.

Potential questions remain about the constitutionality of consent-based general jurisdiction statutes. While the US Supreme Court upheld a similar Pennsylvania statute in Mallory v. Norfolk Southern Railway Co., 600 U.S. 122 (2023), the broader application and specific requirements of the Illinois law may be challenged on due process grounds. Any legal challenge could take years to resolve, however, potentially resulting in significant litigation risk in the interim.

Companies with any business presence in Illinois – especially those dealing with potentially “toxic” substances under the Uniform Hazardous Substances Act of Illinois – are encouraged to promptly assess their risk and consider the implications for their operations and litigation strategy.

Learn more about the implications of Illinois Senate Bill 328 for your company by contacting any of the authors or your DLA Piper relationship attorney.