This bill protects Illinoisans - not trial lawyers

The following letter to the editor by ITLA President Timothy J. Cavanagh was published on Crain's Chicago Business website June 26, 2025.

This bill protects Illinoisans - not trial lawyers

Illinois contractors in today’s economy commonly dispatch workers to perform tasks at multiple sites in other states. If during those visits an employee has repeated and prolonged exposure to highly toxic asbestos — and gets seriously ill or dies — reasonable people surely agree that all the companies responsible for failing to warn or protect that person should be held accountable.

That’s the principle behind Senate Bill 328, a measure approved by the General Assembly and heading to the desk of Gov. JB Pritzker. This legislation would help an individual seeking justice in an Illinois court ensure that all the responsible parties are included as defendants in the case, regardless of where they are headquartered.

A recent editorial on this measure (“This bill would make Illinois a legal minefield”) missed the mark on its true import. The scope actually is quite narrow and, despite claims from opponents, would not apply to a broad range of circumstances.

Before any of the provisions of this proposal could be utilized, a plaintiff must first file a case in Illinois against at least one defendant that would, under existing law, be subject to the proper jurisdiction of an Illinois court. If the court permits that case to proceed, the plaintiff could then use the terms of SB 328 to possibly include the out-of-state defendants.

But there are other caveats. First, any such out-of-state business may be included only if it transacts business in this state. Second, and very importantly, the substance at issue must meet the definition of toxic under the Illinois Uniform Hazardous Substances Act. That includes asbestos and other dangerous substances such as benzene and vinyl chloride. It necessarily excludes medication, baby formula and food, as those are regulated by the federal Food and Drug Administration, undergo rigorous approval processes and, most obviously, are not made with hazardous substances.

SB 328 does not expose Illinois-based businesses to litigation. It concerns only the potential inclusion of “foreign” — meaning out-of-state — companies. Contrary to claims from opponents, this bill does not create a new avenue for plaintiffs to file cases in Illinois. Its provisions speak only to defendants. Any determinations about plaintiffs would be subject to the discretion of the courts. Unlike the legislation considered in New York, this bill does not apply to government entities or non-profits.

Also worth noting, Pennsylvania already has a far more expansive toxic tort law and that has not led to a business exodus from the Keystone State, nor have “consent to jurisdiction” laws in Republican-controlled states like Georgia and Iowa created economic problems.

Businesses should be held responsible for harms they cause if they fail to properly warn about the risks of their product, give false or misleading information about the possible dangers, or engage in negligent manufacturing practices.

We also know much more about the nature of cumulative dose diseases, like asbestos-caused mesothelioma, that typically occur as a result of decades-long exposures in multiple geographic regions throughout a person’s life. As medical science advances it is imperative that our laws keep pace and reflect the most up-to-date knowledge.

With this legislation, Illinois plaintiffs will have the opportunity to obtain complete justice through a single case. And with the Trump administration now reconsidering a ban on cancer-causing asbestos, the need for SB 328 to help protect individual rights is all the more urgent.

Our state has long opposed predatory profiteering by providing a civil justice system in which everyone, regardless of their means, gets a fair shake. SB 328 upholds that tradition by recognizing that the privilege of doing business here comes with the responsibility of not hurting Illinoisans. We encourage Gov. Pritzker to sign it into law.

Timothy J. Cavanagh
President, Illinois Trial Lawyers Association