SPRINGFIELD, IL (Chambana Today) – A group of 47 Republican lawmakers filed a lawsuit this week aiming to stop Senate Bill 328, a bill that would allow companies authorized to operate in Illinois to be sued in Illinois courts — even when the case and parties have no direct ties to the state.
The measure, sparked by a 2022 U.S. Supreme Court ruling in Mallory v. Norfolk Southern Railway, applies specifically to cases involving exposure to toxic substances under the Uniform Hazardous Substances Act. Critics, however, say it invites “litigation tourism” and damages Illinois’ already fragile business climate.
What makes the lawsuit especially notable is that it challenges not just the bill’s content, but the General Assembly’s controversial “gut-and-replace” process, a legislative shortcut that allows lawmakers to insert new language into previously empty or unrelated bills, avoiding the constitutional requirement that bills be read three times on different days in each chamber.
Senate Republican Leader John Curran and House GOP Leader Tony McCombie argued the method erodes public trust and transparency. “This is about upholding the state constitution,” McCombie said during a virtual press conference. “Illinois cannot continue to operate on loopholes.”
The lawsuit, filed in Sangamon County Circuit Court, names House Speaker Chris Welch and Senate President Don Harmon as defendants. The legal battle comes amid broader concerns over legislative procedures, including a separate lawsuit by the Illinois Freedom Caucus challenging the passage of the state’s $53 billion budget.
Hearings are scheduled in July and Gov. JB Pritzker has yet to sign the bill.