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Denial Can’t Mask Illinois’ Poor Lawsuit Climate

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By Lisa Rickard, President, US Chamber Institute for Legal Reform
Denial is one of the oldest tricks around. When confronted with an uncomfortable situation, one common human instinct is to deny there's a problem.
Recent commentary (available here and here) by Chicago plaintiffs' lawyer John Cooney proves this point. As the president of the Illinois Trial Lawyers Association and one of the state's leading personal injury lawyers, he is troubled by calls for legal reform in Illinois. His response? Denying that Illinois has a lawsuit abuse problem.
Unfortunately, all of Cooney's denials can't change the fact that Illinois has one of the worst lawsuit climates in the nation. The state attracts litigation from around the country, while repelling businesses and the much-needed jobs they create.
In fact, businesses are the best people to ask about which states have good and bad litigation environments. In a survey of in-house business counsel commissioned by my organization, the U.S. Chamber Institute for Legal Reform (ILR), Illinois's legal climate ranked 46th in the nation-lowest in the Midwest and ahead of only four other states nationally.
In addition, this ranking rated Cook County as the single worst jurisdiction in the country, while Madison County was ranked sixth worst. It should be no surprise that these counties ranked so poorly as they represent classic examples of "jackpot" jurisdictions.
Cook County has become a national hub for personal injury and product liability cases. Meanwhile, Madison County has become the nation's top jurisdiction for asbestos personal injury lawsuits. With .09 percent of the nation's population, Madison County accounts for more than 25 percent of the nation's asbestos lawsuits.
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