Forum Non Conveniens presentation

Forum Non Conveniens Preliminary Question: What is the difference between a motion for change of venue and a forum non conveniens motion? FNC Predicates: There is jurisdiction There could be proper venue in both counties It is almost overwhelmingly more fair to transfer case to the county of defendant’s choosing SC Rule 187     Motion must be filed no later than 90 days after the last day allowed for filing of that party’s answer Shall be scheduled to allow parties sufficient time to conduct discovery on issues of fact raised by such motions Intrastate transfer – from one clerk to another Dismissal:  Def must accept service of process from that court  Def must waive defense of statute of limitations Forum Non Conveniens      First National Bank v Guerine What deference is given to forum chosen by plaintiff ? Private interest factors Public interest factors Burden on Defendant First National Bank v Guerine    Plaintiffs filed their action in Cook Co where Guerine resides Unless the balance strongly favors the defendant, plaintiff ’s choice of forum should rarely be disturbed Factors to be considered:  Private interests:  Convenience of the parties  Relative ease of access to sources of testimonial, documentary, and real evidence  All other practical problems that make trial of a case easy, expeditious, and inexpensive  Public interests:  Interest in deciding localized controversies  Unfairness of imposing the expense of a trial and burden of jury duty on residents of a county with little connection to litigation  Administrative difficulties presented by forcing more litigation into congested fora  Court congestion is relatively insignificant Guerine, cont’d     Plaintiff ’s choice of forum should rarely be disturbed Plaintiff ’s interest receives less deference when neither plaintiff ’s residence nor the site of the accident or injury is located in the chosen forum Defendant must show that the plaintiff ’s chosen forum is inconvenient to the defendant is another forum is more convenient for all parties  Cannot assert that plaintiff ’s chosen form is inconvenient for the plaintiff In most instances, Pl’s choice of forum will prevail provided venue is proper and inconvenience factors attached to such forum not greatly outweigh Pl’s substantial right to try the case in the chosen forum Guerine, conclusion       Witnesses dispersed among several counties in the state Private interest factors  One of the defendants and his passenger lives in Cook and did not file an FNC claim  Other D headquartered in Indiana  Accident in DeKalb  Witnesses in Kane, Dupage and DeKalb Public interest factors  Defendant Guerine lives in Cook & drove on Cook Co roads  While Cook Co courts may be congested, congestion alone is not dispositive While DeKalb Co has significant ties to the case, Cook Co does as well Today convenience has a different meaning Trial ct abuses its discretion in granting an intrastate FNC motion where the potential trial witnesses are scattered among several counties, including Pl’s chosen forum More Cases on Forum Non Conveniens  Dawdy v Union Pacific Traffic accident in Macoupin County  Case filed in Madison Co  In choosing venue, why would plaintiff want to play an away game?   Gridley v State Farm  La Plaintiff filed class action in Madison Co Langenhorst v Norfolk Southern RR • • • • Pl filed suit in St Clair Co for trainmotor vehicle accident from Clinton Co Defense witnesses from Clinton Co Close case Trial judge might have ruled for defense Applying abuse of discretion standard, appellate and Supreme Courts affirmed Fennell v Ill Central RR • • Pl filed FELA action in MS Then after dismissal, refiled in St Clair Co S Ct reversed denial of dismissal, finding abuse of discretion • • • • Pl lived in MS Asbestosis exposure occurred in MS and LA Vast majority of witnesses in MS, not subject to IL subpoena IL had no interest in this MS litigation 10 Glass v DOT Transportation, 393 Ill App 3d 829 (1st Dist 2009)    Facts: Traffic accident in Mason Co Mason Co emergency personnel investigated accident Decedent had been a resident of Champaign Co Probate proceeding in Champaign Co Pl appointed personal rep of estate She filed the PI case in Cook Co where she resides Def driver is a resident of Adams Co His employer is a resident of Brown Co Some witnesses reside in Cook Co Def DOT did business in Cook Co Witnesses scattered among 11 counties App Ct affirmed denial of transfer per FNC 11 Appeal per Rule Per 301 if dismissal Per 306 if interlocutory Standard of review on appeal: abuse of discretion 12 Definition of abuse of discretion 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 13 Takeaways Evidentiary burden: burden on the party seeking transfer that the relevant factors strongly favor transfer Affidavits can be helpful in meeting movant’s burden If defendant fails to supply affidavits from its identified witnesses stating that plaintiff’s chosen forum is inconvenient, it can be fatal 14 ...  Def must waive defense of statute of limitations Forum Non Conveniens      First National Bank v Guerine What deference is given to forum chosen by plaintiff ? Private interest factors... potential trial witnesses are scattered among several counties, including Pl’s chosen forum More Cases on Forum Non Conveniens  Dawdy v Union Pacific Traffic accident in Macoupin County  Case filed... Pl’s choice of forum will prevail provided venue is proper and inconvenience factors attached to such forum not greatly outweigh Pl’s substantial right to try the case in the chosen forum Guerine,