Register to Do Business, Register to Be Sued? Illinois’ New Jurisdictional Trap for Toxic Tort Litigants

For companies operating nationwide, rules governing where they can be sued are consequential — especially in high-exposure toxic tort litigation. Toxic tort cases often involve claims over exposure to substances like asbestos, lead paint, pesticides, pharmaceuticals or industrial pollution and frequently target out-of-state corporations whose products or activities reach far beyond their corporate home base. Illinois’ enactment of SB 328, which amends the Illinois long-arm statute and Business Corporation Act of 1983, raises the stakes in these cases even more, conferring general jurisdiction over companies who register or merely transact business in Illinois.