Minuteman Alert: Illinois Personal Jurisdiction Update

Heyl Royster is monitoring recent legal developments affecting out-of-state defendants. Illinois Governor J.B. Pritzker has enacted new legislation that may subject certain defendants to Illinois jurisdiction—even when the underlying litigation lacks a direct connection to Illinois—if the defendant is registered to conduct business in the state. This statute primarily targets litigation concerning toxic substances.

This statute is rooted in the Supreme Court of the United States’ decision in Mallory v. Norfolk Southern Railway Co., but its constitutionality is likely to be tested—especially regarding equal treatment of defendants. Importantly, companies not registered to do business in Illinois should maintain the ability to challenge personal jurisdiction, and questions remain about how this law aligns with traditional minimum contacts principles.

Stay tuned as Heyl Royster continues to monitor and analyze the impact of this important change for businesses and litigants.