Illinois Gov. J.B. Pritzker made it harder for Illinoisans to sue the state but just made it easier for outsiders to sue businesses here.
Gov. J.B. Pritzker made it easier for outsiders to sue out-of-state businesses in Illinois, but two years ago he made it harder for Illinoisans to sue him and his executive branch.
Here’s more on the governor’s double standard for lawsuits.
Pritzker limited lawsuits against the state to Cook and Sangamon County
In 2023, the governor signed House Bill 3062 into law. The law requires anyone suing the state or any of its officers, employees or agents for violations of the state or federal constitutions to do so only in Sangamon or Cook counties. If plaintiffs reside outside those counties, they are out of luck. Some may have to travel 200 miles from their homes to face judges they are not allowed to vote for.
That law is currently being litigated as violating the state’s equal protection clause for treating residents of Cook and Sangamon counties more favorably than other Illinoisans. The lawsuit also alleges the law unconstitutionally limits the authority of the state’s circuit courts to hear cases and make initial rulings.
But the law carves out an exception for claims brought by state employees based on collective bargaining agreements. Regular taxpayers and voters get fewer rights under Pritzker’s law.
Pritzker made it easier to sue out-of-state companies in Illinois
Earlier this year, Pritzker signed Senate Bill 328 into law, which made it easier to sue out-of-state businesses in Illinois.
SB 328 requires companies registered to do business in Illinois to consent to what is known as the state’s “general jurisdiction.” Plaintiffs can sue those companies in Illinois courts even if the plaintiffs are not from Illinois. It also applies even if the harm did not occur in the state.
For example, if a Florida-based business was registered to do business in Illinois, in theory a California resident could sue that business in an Illinois state court over an incident that occurred in Kansas.
Because of this law, any company registered to do business in Illinois opens itself up to more litigation than it would normally face. Illinois is only the second state to enact such a law after Pennsylvania, worsening Illinois’ already terrible judicial climate and telling businesses they are targets if they come to the state.
So, while Illinoisans wishing to protect their constitutional rights face more roadblocks, Pritzker has cleared the way for lawsuits brought by out-of-state plaintiffs against out-of-state businesses into Illinois courts. Personal injury lawyers are certain to show their appreciation.
These two laws demonstrate Pritzker’s hypocrisy. He is open to expanding litigation by outsiders against companies wanting to do business in the state, but limits litigation by Illinoisans who deserve fewer constitutional rights if they happen to live in one of the 100 counties where Pritzker doesn’t want to defend himself.
