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Since the passage of Senate Bill 328, there has been a movement calling on Illinois Governor Pritzker to veto Senate Bill 328. Advocates for the veto include the American Tort Reform Association, the American Property Casualty Insurance Association, and the Illinois Manufacturers’ Association. Forty-seven House and Senate Republicans joined the call on June 17, 2025, by filing a lawsuit in Sangamon County, Illinois, 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.

Plaintiffs allege that Senate Bill 328 was passed using the “gut and replace” method whereby a major piece of legislation was introduced and passed in just a few hours. Per the Complaint, “[t]he bill’s final language was sprung on the General Assembly on May 31, 2025, in the waning hours of this spring’s legislative session, by a floor amendment (House Floor Amendment 2) that completely replaced the language that had existed in SB 328 to that point, which had addressed the totally unrelated topic of amendments to pleadings and e-filing under Section 2-616 of the Code of Civil Procedure.” The Complaint now seeks to void the legislation.

The 15-page lawsuit specifically asks the Court to re-visit the “Enrolled Bill Doctrine.” This doctrine, accepted by the courts in the past, holds that once the leaders of both chambers have signed off on a bill, the Three Reading Rule is presumptively met. The Plaintiffs point to an Illinois Supreme Court case challenging the “Enrolled Bill Doctrine,” where the court noted that the legislature “has shown remarkable poor self-discipline in policing itself in regard to the Three Reading Rule.” The court reserved its right to revisit the issue, and the 47 Plaintiffs in the current challenging Senate Bill 328 are inviting it to do so.

For more information on how Illinois Senate Bill 328 may impact your company and any pending toxic tort litigation, please reach out to any of the above authors.

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Photo of Sarah M. Davis Sarah M. Davis

Sarah began her legal career at the start of the second wave of asbestos cases: it was 2001, and a partner assigned her to a handful of matters in a practice area that conventional wisdom believed was on its way out. Instead, asbestos…

Sarah began her legal career at the start of the second wave of asbestos cases: it was 2001, and a partner assigned her to a handful of matters in a practice area that conventional wisdom believed was on its way out. Instead, asbestos litigation quickly took off, and Sarah found herself handling a higher case volume than any of the more experienced attorneys in her office, with multiple trial settings every week and a docket of more than 10,000 plaintiffs. The baptism of fire gave her hands-on experience early in her career with all aspects of litigation and trial, rapidly teaching her the ins and outs of the mass tort world.

In addition to 20+ years as a Texas asbestos attorney, Sarah also served as a state representative from 2011-2021 while continuing to practice law. She had the opportunity in the state legislature to author portions of the asbestos tort reform that governs Texas asbestos cases today: in other words, Sarah doesn’t just know the law; she’s also the one who wrote it.

Today, Sarah devotes the majority of her practice to Texas asbestos litigation, primarily representing contractors. She has experience in all types of motion practice and is a seasoned mediator who has also tried a number of cases to verdict. Over the course of her career, she’s picked hundreds of juries, and she knows the practice inside and out. After two decades in the field, she’s built relationships with most plaintiff’s attorneys, and she’s deeply familiar with the thinking of the MDL judge who rules on nearly all Texas asbestos cases.

Sarah is known as a straight talker who deals fairly and honestly with clients and with opposing counsel. She often represents the same clients for many years, building loyal long-term relationships, and she aims not only to solve clients’ problems, but to make clients’ jobs easier along the way.

Photo of Jen Dlugosz Jen Dlugosz

Jen focuses her practice on defending businesses in toxic tort and product liability matters in some of the most dangerous jurisdictions across the United States. In addition to product liability and toxic tort experience, Jen’s broad range of litigation experience…

Jen focuses her practice on defending businesses in toxic tort and product liability matters in some of the most dangerous jurisdictions across the United States. In addition to product liability and toxic tort experience, Jen’s broad range of litigation experience includes commercial litigation, white collar investigations, qui tam litigation, insurance litigation and contract disputes. Jen also maintains an active pro bono practice.

Photo of Julie Friedman Julie Friedman

With nearly 20 years of experience in the toxic tort practice area, Julie has defended manufacturers, suppliers, and contractors, including Fortune 500 companies, in mass and toxic tort litigation, with an emphasis on asbestos litigation and high exposure cases. As national coordinating counsel…

With nearly 20 years of experience in the toxic tort practice area, Julie has defended manufacturers, suppliers, and contractors, including Fortune 500 companies, in mass and toxic tort litigation, with an emphasis on asbestos litigation and high exposure cases. As national coordinating counsel for a multinational conglomerate corporation, she has tried cases to verdict in state and federal courts across the country. Julie also plays an integral role in developing and driving nationwide litigation strategy for the same client.

In addition to her national trial work, Julie serves as local counsel to various clients in the West Virginia and western Pennsylvania area, handling cases from inception through settlement negotiations. She is highly experienced at representing defendants in notoriously difficult jurisdictions.

Julie is known for her effective communication style: she has a gift for explaining detailed scientific and legal matters in a way that jurors can readily understand, and she easily builds trust in the courtroom. She places a high priority on developing and maintaining in-depth knowledge of the science and medicine behind clients’ cases, making her a better advocate and a more effective strategist. Clients also appreciate Julie’s ability, honed through decades of experience, to consider both the intricate details and the broader picture of each case. She instinctively understands how each piece of litigation fits in with a nationwide strategy.

Most of all, though, Julie has a strong reputation for caring deeply about clients. No client is ever just a number to her, and she aims to build lasting relationships over many years, investing deeply in clients’ success.

Photo of Michael Klebanov Michael Klebanov

Clients turn to Michael for high-stakes class action defense and appellate litigation. With his expertise in bet-the-company class actions, he defends a variety of challenges to companies’ practices and products, including claims based on breach of contract, warranties, product mislabeling and misrepresentation, deceptive…

Clients turn to Michael for high-stakes class action defense and appellate litigation. With his expertise in bet-the-company class actions, he defends a variety of challenges to companies’ practices and products, including claims based on breach of contract, warranties, product mislabeling and misrepresentation, deceptive trade practices, negligence, RICO and securities violations. Michael also has multidistrict litigation (MDL) experience.