Recent developments bring to mind the popular Sesame Street song, “One of These Things is Not Like the Others,” though with an Illinois-specific spin:
One of these states is not like the others;
One of these states just doesn’t belong;
Can you tell which state is not like the others;
By the time I finish my song?
By Travis Akin
Executive Director, Illinois Lawsuit Abuse Watch
Earlier this month, the Minnesota House approved several lawsuit reform initiatives that were designed to restore fairness to that state’s courts and attract employers. Wisconsin did the same thing in 2011, passing a comprehensive package of lawsuit reforms during a special legislative session. Indiana and Iowa did not need to pass new lawsuit reform initiatives as those states are ranked nationally the 4th and 5th best states for legal fairness, respectively.
Illinois, on the other hand, is not like the other Midwestern states. Illinois is ranked 45th out of all 50 states for legal fairness, and while legislative leaders in surrounding states have taken significant steps to improve their legal systems in an effort to create jobs, Illinois lawmakers are content to do nothing and allow Illinois employers and jobs to move to other Midwestern states.
Legislative leaders in those states clearly understand what is at stake with an unfair, unbalanced court system. Minnesota Speaker of the House Kurt Zellers went so far as to say the lawsuit reforms the House approved would “improve Minnesota’s business climate, create economic opportunity and grow jobs.”
Unfortunately, legislative leaders in Illinois do not appear to be concerned about the state’s job-killing reputation as the “Lawsuit Capital of the Midwest,” as they have consistently killed lawsuit reform legislation in recent years.
Companies look to locate or expand their businesses in places where the legal system is fair. Not only is Illinois the sixth-worst state in the country for legal fairness, but Illinois is also home to four court jurisdictions – Madison, St. Clair, McLean and Cook counties – cited in the “Judicial Hellholes” report recently released by the American Tort Reform Foundation. Passing common sense lawsuit reforms in Springfield this spring is an important first step on the road to economic recover, but the second step is just as important. Judges wield extraordinary and largely unchallenged power. They have the power on the one hand to provide protection for those who have been harmed and on the other hand dispose of frivolous lawsuits that clog our courts and make our state unfriendly to employers.
Voters will have a chance this year, starting with the March 20th primary elections, to select judges who will commit to ridding Illinois courts of frivolous lawsuits and lawsuits that are filed in Illinois on behalf of out-of-state plaintiffs by aggressive personal injury lawyers who are looking to win big in Illinois’ notoriously plaintiff-friendly courts.
Good judges matter, and thus everyone is encouraged not to skip those bottom-of-the-ballot judicial races this year. The recovery of our state’s damaged economy is at stake.
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Illinois Lawsuit Abuse Watch (I-LAW) is a grassroots watchdog group of concerned citizens, community leaders and small business people dedicated to educating the public about the widespread costs of lawsuit abuse. I-LAW has more than 12,000 supporters throughout Illinois. Anyone interested in becoming a supporter of I-LAW or learning more about stopping lawsuit abuse in Illinois can visit www.ILLawsuitAbuseWatch.org.
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