Foreign Companies, Meet Illinois Courts: Senate Bill 328

Illinois Senate Bill 328 is poised to transform personal jurisdiction for foreign corporations in toxic tort cases, particularly in the critical asbestos dockets of Madison, St. Clair, and Cook Counties. This sweeping legislation could subject foreign businesses to Illinois courts, regardless of where the alleged injury occurred. With the potential for significant legal implications, especially for companies dealing with hazardous substances, understanding the nuances of this bill is crucial. As the governor’s decision looms, now is the time to seek expert legal advice to navigate these changes and protect your interests. Discover how this bill could impact your business!

The Issue of Personal Jurisdiction Heats Up in Madison County Asbestos Litigation

Recent asbestos hearings before Judge Steven Stobbs in Madison County address whether Illinois courts may exercise specific personal jurisdiction over non-resident defendants. Although plaintiffs concede the defendants are non-residents, they argue jurisdiction may exist based on Illinois-related activities despite no in-state product use. Judge Stobbs has required plaintiffs to plead a jurisdictional basis before permitting discovery, but once alleged, he has allowed broad jurisdictional discovery to explore potential connections. These rulings follow his earlier decision finding jurisdiction in Mitchell v. Avon Products, Inc., but contrast with the Illinois Supreme Court’s decision in Rios v. Bayer, which limited specific jurisdiction absent a direct link between Illinois conduct and the plaintiff’s injury.