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 Cook County is a Judicial Hellhole and things are quickly spiraling out of
control.
Long known as a mecca of non-injury lawsuits and inflated verdict sizes, our
county is a favorite of cash-hungry trial lawyers who pursue paydays over
justice. It should come as no surprise then that it again made the American Tort
Reform Foundation's annual list of the nation’s most unjust local courts and
state civil justice systems.
But for the first time, Cook County received a solo listing from Illinois,
having “outshined” its sister hellholes in Madison and St. Clair Counties.
According to the report, it “achieved” this feat thanks in large part to
accepting a frivolous Biometric Information Privacy Act (BIPA) case that led to
a $228 million verdict. BIPA is the state law stating that companies need to
alert users to any biometric data they collect – like when your phone uses a
fingerprint to unlock.
A group of truckers claimed a portion of the BIPA procedure wasn’t followed
properly after they used a finger scanner to enter a rail yard, and
unsurprisingly, the lack of injury didn’t dissuade the county from taking up the
case. No injury, no problem. Everyone is a victim in the eyes of Cook County.
What does that say about Illinois’ legal environment when one of its biggest
counties has a completely dysfunctional court system?
It’s not just BIPA no-injury suits that are the problem. Just last year,
Illinois saw a 450% increase in no-injury food and beverage lawsuits! Cook
County in particular has become the filing ground for some of the nation’s top
serial filers, like New York trial attorney and no-injury lawsuit aficionado
Spencer Sheehan.
They love the easy access to a courtroom that Cook County provides. They love
the favorable outcomes even more.
Things are clearly trending in the wrong direction, but it hasn’t been all bad.
To its credit, the Northern District of Illinois did reject a lawsuit earlier
this year that claimed Strawberry Pop-Tarts didn’t contain enough strawberries.
But on the flip side, Fairlife Milk lost $21 million after our courts found they
didn’t treat some of their cows with “the utmost care.”
In the milk case, while claimants were awarded between $20-$100 each, the
lawyers made off with $7 million. Do I really need to explain who’s actually
causing this lawsuit wave?
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Lawmakers in Springfield can solve this problem if they want to. As illustrated
above, the solution isn’t to restrict the public's right to seek justice through
the courts; it’s to close the loopholes that allow people to take advantage of
the system for personal profit.
Maybe lawmakers don’t think lawsuit abuse is a big problem. Maybe they don’t see
being a hellhole as an unwanted title worth fixing. But this problem doesn’t
just hurt those being sued; it hurts everyone in the state.
Every year without reform creates an ever-intensifying drag on our state’s
economy. The estimates from Citizens Against Lawsuit Abuse (CALA) show that
Illinois now loses over 192,000 jobs per year due to frivolous tort litigation.
In addition to the job loss, residents pay an average annual “tort tax” of
$1,543, putting further pressure on households already struggling with
record-high inflation.
If lawmakers would simply pass reforms limiting lawsuit abuse, the CALA report
estimates the state gross product would increase by over $19.4 billion. That’s
the type of outcome that should garner bipartisan support.
At least the public agrees.
The general public is well aware of what’s going on, and nearly 80% of them
agree Springfield isn’t doing enough to address the problem. Every day the
public is bombarded with ads for legal services on radio, television,
billboards, and even park benches. Law firms have spent over $200 million in the
state over the past five years to recruit as many claimants as possible. The
Chicago media market experienced $16 million in legal-related ad spending for
just the first half of 2022.
The public doesn’t want an endless stream of lawsuit ads, an ever-increasing
tort tax, and a weaker economy. They want their lawmakers to do their job and
the courts to provide justice without being plaintiff lawyer patsies.
Only elected officials can solve this crisis. It’s time for them to step up and
make this the last year any Illinois county appears on the hellhole list.
Zach Mottl is the 4th generation of his family to own and operate
Atlas Tool Works, Inc. (Lyons, IL).
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