Illinois Code of Civil Procedure Amendment Expands General Jurisdiction for Toxic Tort Cases

As of August 15, 2025, corporations doing business in Illinois, including those with limited ties to the state, face a new legal landscape with the signing of Illinois Senate Bill 0328. The bill amends the Illinois Code of Civil Procedure, significantly broadening the circumstances under which companies can be sued in Illinois courts in toxic tort litigation.

In the past, Illinois courts have relied on specific jurisdiction, meaning a company could only be sued in Illinois if the allegation had a direct link to the state. The amendment changes that framework by expanding the reach of general jurisdiction in toxic tort cases. Now, if a lawsuit involves exposure to a toxic substance under Illinois law and at least one co-defendant is already subject to Illinois jurisdiction, a company may be brought into court in Illinois – even if the claim originated in another state.

The law goes a step further by making consent to jurisdiction automatic. Companies registering to do business in Illinois after August 15 of this year consent to this new jurisdictional rule upon registration. For those already registered, consent becomes effective when the next annual report is filed. Unregistered companies can’t avoid consent either, as engaging in unauthorized business in Illinois for 180 days triggers “implied consent.”

Illinois courts now have a broader invitation to hear toxic tort claims involving out-of-state events, provided a company has a presence in Illinois – either through registration or unauthorized activity. Proactive legal planning, including a review of forum selection clauses, jurisdictional defenses, and corporate filings, will be key to navigating this expanded exposure. Companies concerned about the impact of this legislation can reach out to a member of Foley Mansfield’s Toxic Tort team for assistance.