Update on Illinois Tort Reform - UPDATED August 19, 2025.

Since the passage of Senate Bill 328 on June 1, 2025, there had been movement calling on Illinois Governor Pritzker to veto the bill. Forty-seven House and Senate Republicans filed a lawsuit on June 17, 2025, 
Tony McCombie, et al vs. Emmanuel Chris Welch
in his Capacity as Speaker of the Illinois House of Representatives and Don Harmon in his Capacity as President of the Illinois Senate
, Case No. 2024MR000281 (Seventh Judicial Circuit Court, Sangamon County, 2025), challenging the constitutionality of the manner in which the
legislation was passed. The lawsuit is still pending. Judge Jack Davis held hearings on Defendants’ Motion to Dismiss on August 13, 2025, and ordered the parties to submit proposed orders and findings by August 20, 2025, suggesting a ruling will be made soon. 

Despite the pending litigation, Senate Bill 328 remains in effect as Illinois law does not require the resolution of pending lawsuits for a bill to go into effect.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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