Report: Illinois home to 2nd worst judicial hellhole in the country

[December 06, 2023]  By Kevin Bessler | The Center Square

(The Center Square) – A new report says that Illinois is home to one of the worst judicial hellholes in the country.

The American Tort Reform Foundation (ATRF) identified Illinois, specifically Cook County, as the second worst, the worst ranking in more than a decade.

The report says Illinois rivals California and New York for the most food and beverage class actions in the country due to the state’s reputation for allowing no-injury lawsuits and plaintiff-friendly consumer protection laws. But also the state’s controversial Biometric Information Privacy Act or BIPA is a problem, it says.

The Illinois Supreme Court ruled that every individual biometric information scan counts as a separate violation, meaning a single instance of biometric data collection can result in thousands of distinct claims.

“The way the courts have interpreted the statute doesn’t require that someone suffered an injury in order to bring a case, and when you have matters like that, your going to have more litigation, you’re going to have abuse of outcomes and it fosters an environment of excessive litigation,” ATRF President Tiger Joyce told The Center Square.

The report notes that there are over 1,100 Biometric Information Privacy Act cases pending in Illinois state and federal courts, with just seven law firms representing nearly 70% of the plaintiffs.

Gov. J.B. Pritzker signed a new law raising concerns about increased rideshare prices. The law removed liability protections for rideshare companies, which ATRF said could create significant new costs to companies providing services in Illinois.

“This change not only escalates operational costs for rideshare providers but, more critically, endangers transportation options statewide,” Joyce said.

A recent U.S. Chamber of Commerce study found that over a 10-year period during the past decade, Illinois ranked sixth among states for the number of nuclear verdicts, which are $10 million and more.

Joyce said Illinoisans pay a hefty sum for a so-called ”tort tax” as a result of excessive jury verdicts.

“The economic impacts are really significant,” said Joyce. “I think for the average person in the state it is $1,700 each year, which as a state is one of the highest.”