Common Sense Lawsuit Limits Will Help Small
Businesses According to Ken Wiggs of Marion
Bowl in Marion, Illinois
May 26, 2010 04:59 PM Eastern Daylight Time
CHICAGO--(EON: Enhanced Online News)--The following is an opinion editorial provided by Ken Wiggs of
Marion Bowl in Marion, Illinois:
The “Great Recession,” as this extended economic downturn has come to be known, has taken a toll on just about
everyone. Families are struggling to pay their bills, jobs are disappearing and local and state governments are slashing
services and raising taxes.
Small businesses, with tight operating margins, have been especially hard hit, as sales figures drop, health care costs
rise and credit dries up. This is especially true here in Illinois, where a combination of factors has resulted in a state
unemployment rate that now ranks 43rd in the country, worse than most of our neighboring states.
Though Illinois is unfortunately shedding jobs at a rate that is far worse than the norm in our region, our state is a
leader in one area compared with neighboring states: generating lawsuits. Clearly, this is not an area where we want
our state to be a regional leader, but a newly-released survey from the respected Harris Interactive polling company
ranked Illinois 45th out of all 50 states for legal fairness – a ranking that is far worse than any other state in our
region.
One reason for this is Illinois’ civil conspiracy law, which is one of the most pro-plaintiff, anti-business civil
conspiracy laws in the country. In Illinois courtrooms, plaintiffs are suing businesses that have no legal duty or
relationship with the plaintiffs rather than focusing on those most directly responsible for allegedly causing their injury.
Any business or entity that operates in Illinois runs the risk of finding itself in litigation as a civil conspiracy defendant.
Some of those who have faced civil conspiracy claims in Illinois despite the lack of a legal duty to the plaintiff include
small businesses, hospitals, grocery st