Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0232

Introduced
1/31/23  

Caption

CIV PRO-CLASS ACTIONS

Impact

The proposed changes in SB0232 could significantly alter how class actions are executed in Illinois. By requiring a strong connection to the state, the bill may limit the ability of out-of-state entities or plaintiffs to bring class actions based on Illinois law. Additionally, this could lead to fewer class actions being filed in Illinois overall, potentially changing the landscape of litigation within the state. The modifications regarding the judicial scrutiny of coupon and noncash settlements will also change how settlements are approached, ensuring that class members receive adequate compensation that reflects the value of their claims.

Summary

SB0232 amends the Code of Civil Procedure in Illinois focusing on class actions. The bill introduces stringent prerequisites for maintaining a class action, stating that it can only be certified if the plurality of class members are residents of Illinois or were physically present in the state when the cause of action arose. This amendment aims to ensure that class actions are more representative of Illinois citizens, and establishes that such actions must be superior to other methods of adjudicating the controversy. These changes reflect an intent to enhance fairness and efficiency in class action lawsuits.

Contention

Critics of SB0232 argue that the increased restrictions on class actions might undermine access to justice for individuals whose rights may be infringed upon by larger entities, especially where mass grievances exist. Opponents fear that these requirements could dissuade individuals from pursuing important collective claims due to the complex procedural hurdles introduced by the bill. Moreover, the stipulations around the fairness of settlement agreements may place added pressure on class members, requiring them to evaluate complex legal terms that they may not fully understand, thereby potentially disadvantaging less sophisticated plaintiffs.

Companion Bills

No companion bills found.

Previously Filed As

IL SB2888

CIV PRO-CLASS ACTIONS

IL SB0231

CIV PRO-VENUE CORPORATIONS

IL SB0230

CIV PRO-TESTIMONY RELIABILITY

IL SB3009

CIVIL LAW-TECH

IL SB3008

CIVIL LAW-TECH

IL SB3011

CIVIL LAW-TECH

IL SB3010

CIVIL LAW-TECH

IL SB0208

CIV PRO-INSTRUCTION-LIABILITY

IL SB3595

CIV PRO-VENUE CORPORATIONS

IL SB0080

PREJUDGMENT INTEREST-REDUCTION

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