Timothy J. Cavanagh: Illinois toxic tort law would prevent out-of-state companies from evading accountability

Chicago Tribune

2 days ago

Every Illinoisan deserves to live and work in a safe environment free from hazardous, life-threatening conditions. Yet when our residents travel to other states, they may face repeated exposure to asbestos or other highly toxic substances and be vulnerable to serious illness if they were not provided proper protective clothing and breathing equipment.
Out-of-state companies too often escape accountability for exposing individuals to dangerous materials, leaving them to suffer devastating health consequences with little legal recourse short of the expensive, time-consuming and impractical option of pursuing lawsuits in those other states.
A bill, SB328, recently passed by the General Assembly and now under Gov. JB Pritzker's consideration, solves that dilemma by permitting a person filing a case in an Illinois court to include out-of-state companies as defendants.
By strengthening the ability of Illinois residents to seek justice against all responsible parties, this legislation would help promote healthier, safer working conditions by putting businesses, regardless of where they are headquartered, on notice that they are responsible for protecting Illinoisans from preventable harms.
To be clear, this legislation applies in relatively limited circumstances. SB328 does not expose Illinois-based businesses to litigation to which they are not already subject under current law. To involve companies not located in the state, but doing business here, a plaintiff must first file a case in Illinois against at least one defendant that would be subject to the specific jurisdiction of an Illinois court. Only then, contingent upon a judge's approval, could other relevant out-of-state businesses be added to the case.
Additionally, this legislation pertains only to toxic substances as defined by the Illinois Uniform Hazardous Substances Act. One such example familiar to most people would be asbestos, because of its sad and long history in our country of sickening hundreds of thousands of people and condemning them to prolonged and painful deaths.
If you've seen the suffering caused by the careless use of asbestos up close, you would understand why it is important to send a strong message that companies using toxic substances need to take sufficient care to protect people from being harmed by them. And, if they fail to do so, they deserve significant financial punishment to deter them and others from persisting in unsafe practices.
The fearmongering from Illinois business organizations about the bill borders on hysteria. Despite what they say, prescription drugs, baby formula, beverages and food products are not a part of the bill for the simple reason they aren't made with highly toxic ingredients.
Opponents also say New York rejected the same bill. Not true. New York's was far more expansive and, beyond businesses, included nonprofits and governmental entities.
Finally, those against the bill argue it would make Illinois an outlier. But, in reality, other states have laws that say anyone transacting business in them consents to the jurisdiction of their courts. Pennsylvania already has a far broader toxic tort law than what is proposed in Illinois, and I have yet to see any news coverage about the cessation of business in the Steel City, the City of Brotherly Love or all the many towns between the two.
Opposition from Illinois corporate associations to this legislation is puzzling, since it actually levels the playing field for Illinois companies by holding those from out of state to the same standard as applies to those that are based here.
The bill's merits are attested to by the diversity of its supporters, which include dozens of trade and service unions represented by the Illinois AFL-CIO; the multitude of local and national environmental organizations that work collaboratively through the Illinois Environmental Council; and Citizen Action, the state's largest public interest organization that advocates for policies to protect the health and well-being of all Illinoisans.
By reinforcing corporate accountability, this bill complements Illinois' ongoing efforts to strengthen environmental protections and public health safeguards. It sends a clear message and commonsense message: Companies that profit from doing business here must accept the responsibility of protecting the people and environment they impact.
With the Donald Trump administration choosing to stop enforcing various environmental protections and, shockingly, reconsidering the ban on cancer-causing asbestos put in place by the previous administration, it is vital that states step into the breach. Pritzker's signature on SB328 will send a clear message that Illinois is leaving no stone unturned when it comes to protecting the public's health.
Timothy J. Cavanagh is founder of Cavanagh Sorich Law Group in Chicago and president of the Illinois Trial Lawyers Association.