Three Illinois counties—St. Clair, Madison, and Cook—have been identified in the American Tort Reform Foundation’s (ATRF) 2025/2026 Judicial Hellholes Report as areas with a high volume of asbestos claims and lawsuits where plaintiffs may not have suffered actual injuries.
St. Clair and Madison Counties returned to the main list after previously being listed as “dishonorable mentions.” The ATRF report suggests that these counties, along with Cook County, continue to attract cases that may have limited connection to the state.
NFIB Illinois State Director Noah Finley commented on the impact of litigation on small businesses: “Small-business owners work hard to serve their customers, hire their neighbors, and provide for their families—yet one frivolous lawsuit is sufficient to bring this all to a crashing halt, changing the American dream into a legal nightmare,” said Finley. “Unfortunately, the Illinois General Assembly tends to prioritize deep-pocketed lawyers over Main Street businesses and has been making it easier for so-called ‘interested parties’ to sue small businesses.”
The ATRF report also points to a recently enacted law (PA 104-0352) that broadens the jurisdiction of Illinois courts. This change could result in more lawsuits being filed in these counties even when there is little real connection to Illinois.
The National Federation of Independent Business (NFIB) has advocated for reforms addressing what it sees as an increase in frivolous lawsuits. The organization recently sent a letter urging Governor J.B. Pritzker to veto provisions in SB 2339 that would allow individuals without previous legal standing or injury to sue small employers under the Right to Privacy in the Workplace Act.
