Motion to Dismiss For Forum Non Conveniens in Illinois

Purpose and Significance of a Motion to Dismiss for Forum Non Conveniens

“Forum non conveniens is an equitable doctrine founded in considerations of fundamental fairness and the sensible and effective administration of justice.” (Shaw v. Haas (2019) 437 Ill. Dec. 10, 15-16 citing Langenhorst v. Norfolk Southern Ry. Co. (2006) 219 Ill. 2d 430, 441.)

“The doctrine permits the circuit court to decline jurisdiction over a case when trial in another forum would better serve the ends of justice.” (Id.)

“If jurisdiction is so declined, the case must be dismissed because the circuit court lacks the authority to transfer it.” (Shaw v. Haas (2019) 437 Ill. Dec. 10, 15-16 citing Fennell v. Illinois Central R.R. Co. , 2012 IL 113812, ¶ 13.)

“The dismissal is conditioned on the plaintiff timely filing the action in the other forum; and the defendant accepting service of process from that court, and waiving any available statute of limitations defense.” (Id.; see also Ill. S. Ct. R. 187(c)(2) [eff. Jan. 4, 2013].)

Factors Considered by the Court in Granting or Denying a Motion to Dismiss for Forum Non Conveniens

“Although the forum non conveniens doctrine has a long history at common law, its general application crystallized following Gulf Oil.” (Dawdy v. Union Pacific R.R. Co. (2003) 207 Ill. 2d 167, 172 [internal and referenced citations omitted].)

“Illinois courts employ the analytical framework of Gulf Oil in forum non conveniens cases.” (Dawdy v. Union Pacific R.R. Co. (2003) 207 Ill. 2d 167, 172 [internal and referenced citations omitted].)

Gulf Oil Factors for Forum Non Conveniens Analysis

“In Gulf Oil, the Court discussed private interest factors affecting the litigants and public interest factors affecting court administration.” (Id., citing Gulf Oil Corp. v. Gilbert (1947) 330 U.S. 500, at 508.)

“A court must balance the private and public interests in determining the appropriate forum in which the case should be tried.” (Dawdy, supra, id.)

The private interest factors include:

• the convenience of the parties;
• the relative ease of access to sources of testimonial, documentary, and real evidence;
• the availability of compulsory process to secure the attendance of unwilling witnesses;
• the cost of obtaining the attendance of willing witnesses;
• the possibility of viewing the premises, if appropriate; and
• all other practical considerations that make a trial easy, expeditious, and inexpensive.

(Shaw v. Haas (2019) 437 Ill. Dec. 10, 16.)

The relevant public interest factors include:

• the administrative difficulties caused when litigation is handled in congested venues instead of being handled at its origin;
• the unfairness of imposing jury duty upon residents of a county with no connection to the litigation; and
• the interest in having local controversies decided locally.

(Dawdy v. Union Pacific R.R. Co. (2003) 207 Ill. 2d 167, 173.)

Burdens of Proof for a Motion to Dismiss Based on Forum Non Conveniens

Defendant's Burden

“The defendant has the burden of showing that the balance of the relevant public and private interest factors strongly favors a dismissal and transfer, and the circuit court must evaluate the totality of the circumstances when determining whether that burden has been met.” (Shaw v. Haas (2019) 437 Ill. Dec. 10, 16 [internal citations omitted].) “The relevant factors are not weighed against each other, and no single factor should be emphasized.” (Id.)

Review of Trial Couut's Decision

“Rule 306(a)(2) recognizes that orders granting motions to dismiss on forum non conveniens grounds are interlocutory and allows for permissive appeals from such orders.” (Kelsey v. Top Line Express, Inc., 2016 Ill. App. 160688, 6 [Ill. App. Ct. 2017].)

“A trial court's decision on a forum non conveniens motion will be reversed only if it can be shown that the trial court abused its discretion in balancing the various factors at issue.” (Gridley v. State Farm Mutual Automobile Insurance Co. (2005) 217 Ill. 2d 158, 169.)

“A circuit court abuses its discretion where no reasonable person would take its adopted view.” (Shaw v. Haas (2019) 437 Ill. Dec. 10, 15 citing Dawdy v. Union Pacific R.R. Co. (2003) 207 Ill. 2d 167, 177.)

Legal Precedents and Case Law on Motions to Dismiss for Forum Non Conveniens

“The plaintiff has a substantial interest in choosing the forum where his rights will be vindicated, and the plaintiff's forum choice should rarely be disturbed unless the other factors strongly favor transfer.” (Langenhorst v. Norfolk So. Ry. Co. (2006) 219 Ill. 2d 430, 442 [internal citation omitted].)

“The Illinois Supreme Court has stated: ‘A circuit court abuses its discretion in balancing the relevant factors only where no reasonable person would take the view adopted by the circuit court.’” (In re Marriage of Mather (2011) 408 Ill. App. 3d 853, 857-58 quoting Langenhorst, 219 Ill. 2d at 442; Dawdy, 207 Ill. 2d at 177.)