On August 15, 2025, Gov. JB Pritzker signed into law Senate Bill 0328 (Public Act 104-0352) amends 735 ILCS 5/2-209 and 805 ILCS 5/13.20 to expand the reach of personal jurisdiction in cases wherein exposures to toxic substances (such as asbestos, benzene, etc.) are alleged to cause injury. The Bill also amends 805 ILCS 5/13.70, which discusses consequences of a “foreign corporation” transacting business in Illinois without being registered to do so.
As background, the US Constitution bars foreign individuals and companies from being sued in states where they are not located or did not conduct a relevant tortious act. In the case of businesses, a defendant can be sued for any purpose in any state where it has been incorporated or where it holds its principal place of business. This is called general jurisdiction. A business can also be sued if it directs its activity toward a state, if the lawsuit arises out of or relates to the business’s activity in that state. This is called specific jurisdiction. A business can also waive its right to object to the court’s exercise of jurisdiction, in which case the issue becomes moot.
Under Illinois’ new amendment, a “foreign corporation” is deemed to “consent” to the exercise of general jurisdiction for toxic substances exposure cases (1) if it is registered to transact business in Illinois through the Secretary of State’s Office and (2) personal jurisdiction exists as to a codefendant in the toxic substances exposure case. This qualified consent to general jurisdiction is deemed to attach when a foreign corporation registers or renews its existing registration. The law does not create general jurisdiction in cases not involving toxic substance exposures covered by Illinois’ Uniform Hazardous Substances Act (430 ILCS 35/13). In instances where a business transacts business in Illinois without authority to do so (i.e., previously registering with Illinois), then “consent” under the above circumstances attaches immediately and remains effective for 180 days after each and every such act.
By its language, the amendments apply to “foreign corporations.” The law does not define what is meant by “foreign corporation,” leaving some question as to its application for limited liability companies, limited partnerships, or other business forms. It is anticipated that defendants will challenge the constitutionality of this new law based on recent US Supreme Court decisions and under various portions of the US Constitution, including the Interstate Commerce Clause.
This law goes into effect immediately, with the above caveat that it applies only to defendants in toxic substances exposure lawsuits filed in Illinois after the “foreign corporation” has registered or renewed its application to transact business in Illinois.