Cook County’s $21.3 Billion Problem: Lawsuit Abuse

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Report Ranks County 6th Worst ‘Judicial Hellhole®’

Cook County failed to drop its dubious distinction as one of the country’s worst “Judicial Hellholes®,” ranked No. 6 in a report released today by the American Tort Reform Foundation. 

Cook County is the epicenter of abuse in Illinois, hosting 91% of the state’s high-value civil cases despite having only 40% of its population. ATRF says this concentration of litigation, coupled with the explosion of no-injury lawsuits under the state’s unique Biometric Information Privacy Act contribute to excessive tort costs threatening businesses and driving up costs for all Illinois residents.

A recent report revealed the economic impact for Cook County residents who pay an annual “tort tax” of nearly $2,500, while more than 195,000 jobs are lost each year due to excessive tort costs. 

“Cook County’s courts are drowning in litigation that often benefits lawyers more than consumers or employees,” president of the American Tort Reform Association Tiger Joyce said.

ATRF highlighted several new top issues in Cook County’s courts this year, including:  

  • Forum Shopping Safeguard At Risk: ATRF warns that Illinois Attorney General Kwame Raoul’s push to abolish forum non conveniens could remove a key safeguard against blatant forum shopping, particularly in plaintiff-friendly jurisdictions like Cook County.
  • Explosion of No-Injury Lawsuits: ATRF says BIPA lawsuits exploded in Cook County following two landmark Illinois Supreme Court decisions in 2023. The Court’s White Castle decision, which considered each scan of biometric information as a separate violation, was so extreme that it prompted legislative action. S.B. 2979 was passed and signed this year in direct response to the White Castle ruling, limiting violations to a single instance.
  • Nuclear Verdicts® in Asbestos Litigation: Asbestos filings in Cook County increased nearly 34% in the first half of 2024, with several cases resulting in nuclear verdicts®. Nationwide, asbestos filings increased only 8%. The only other county that saw a bigger jump in asbestos filings was St. Clair County with a nearly 40% increase, earning it a “Dishonorable Mention” with Madison County. ATRF’s report notes Cook County’s lax standards for expert evidence, including in a case against Johnson & Johnson in which plaintiffs’ experts were given free rein while defense experts faced severe restrictions. The case resulted in a $45 million verdict against Johnson & Johnson. Similarly, in a case against Avon resulting in a $24 million verdict, key defense arguments were dismissed while there was a lack of evidence that the plaintiff even worked at an Avon facility.

“Cook County’s disproportionate share of asbestos litigation and nuclear verdicts® highlight the need for reform and stronger gatekeeping of expert testimony,” Joyce said. “The surge in BIPA lawsuits also demonstrates how well-intentioned laws can be weaponized by opportunistic lawyers, creating a hostile business environment without meaningfully protecting consumers.”

ATRF calls out other issues, including that Cook County courts produced almost 80% of Illinois’ nuclear verdicts® during a 13-year period, according to a recent report. Nuclear verdicts® are subjective and immeasurable “pain and suffering” damages greater than $10 million, which ATRF notes often surpass reasonable compensation for injuries. Illinois also remains a top destination for frivolous food and beverage class actions, ranking in the Top 4 states for such filings in 2023.

“It’s not just about rankings – it’s about the real impact on people’s lives,” Joyce said. “As more lawsuits flood the system, costs increase and opportunities decrease for hardworking Illinois families. If the Illinois legislature enacted specific reforms targeting lawsuit abuse, Cook County could increase its gross product by $21.3 billion.” 

The full Judicial Hellholes® report and 2024-2025 rankings are available at JudicialHellholes.org. 

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