The Land of Lincoln has the dubious distinction of having America’s worst lawsuit climate.
The U.S. Chamber Institute for Legal Reform (ILR) released its 2019 Lawsuit Climate Survey, and Illinois wound up dead last.
It was ranked 48th in the last two surveys, but its situation has only gotten worse.
Part of Illinois’ poor ranking has to do with Chicago/Cook County being found as the “least fair and reasonable litigation environment for both defendants and plaintiffs” in America.
ILR notes that for years, Illinois has been a magnet for asbestos lawsuits from across the country. Nine-two percent of plaintiffs filing such lawsuits were from outside the state.
Making matters worse is the state’s Biometric Information Privacy Act, which regulates the collection and storage of biometric information. It has opened the door to lawsuits over alleged violations even if there weren’t injuries.
The state rankings come from The Harris Poll surveying businesses’ in-house counsels, senior lawyers, and executives with knowledge and experience dealing with state legal systems.
Following Illinois at the bottom are Louisiana, California, Mississippi, and Florida – which “reflects its past, not its future, and doesn’t account for recent meaningful reforms spearheaded by Gov. DeSantis and the state legislature,” said ILR Chief Operating Officer Harold Kim.
In contrast, Delaware regained the top spot in the rankings followed by Maine, Connecticut, Wyoming, and Alaska.
A sensible, reliable state litigation climate is important to businesses, the survey found. Eighty-nine percent of respondents said a state’s litigation environment is likely to affect important business decisions.
“The survey should be a wake-up call to policymakers that their state’s economic growth and prosperity depend in large part on the fairness and predictability of its legal system,” said Kim.