This blog was written by SWMW Law Partner Dave Hylla
On Aug. 15, Illinois Governor J.B. Pritzker signed Senate Bill 328 into law, immediately strengthening the rights of workers and families harmed by exposure to toxic substances, including asbestos.
Despite ongoing legal challenges to how the bill was passed, the law is now in effect and represents a major step forward in holding negligent corporations accountable for toxic exposures that lead to serious illness and wrongful death.
Key Provisions of Senate Bill 328
- Consent to Jurisdiction: Foreign corporations that register to do business in Illinois are deemed to consent to the general jurisdiction of Illinois courts in cases involving toxic substances as defined under the Uniform Hazardous Substances Act (430 ILCS 35).
- Multiple Defendant Cases: If toxic exposure is caused by multiple corporations, only one defendant needs to be registered in Illinois for all defendants to fall under Illinois court jurisdiction. This protects sick workers and families from being forced to file lawsuits in multiple states.
Alignment with Pennsylvania and U.S. Supreme Court Precedent
Illinois is following the lead of Pennsylvania, which passed a similar law expanding jurisdiction in toxic exposure cases. In 2023, the United States Supreme Court upheld Pennsylvania’s law in Mallory v. Norfolk Southern Railway Co., 600 U.S. 122, confirming the fairness and constitutionality of these jurisdictional expansions.
Why This Matters for Victims of Asbestos Exposure
This law makes it easier for victims of asbestos exposure and other toxic substances to pursue justice against corporations that caused their suffering. Families no longer face unnecessary legal hurdles or the burden of pursuing claims across multiple states.
SWMW Law’s Experience in Illinois and Pennsylvania
At SWMW Law, we are uniquely equipped to assist victims and families impacted by Senate Bill 328. With extensive litigation experience in Madison and St. Clair counties in Illinois, as well as our offices in St. Louis, MO and Pittsburgh, PA, we are prepared to guide clients through these cases with skill and compassion.
If you or a loved one has been exposed to asbestos, we’re ready to help. Contact us today for a free case evaluation.