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Posts by Todd Applegate

Illinois Supreme Court Addresses Forum Non Conveniens in Asbestos Case

The Illinois Supreme Court recently issued an opinion concerning the doctrine of interstate forum non conveniens, which allows a court to decline jurisdiction of a case, even though it may have proper jurisdiction over the subject matter and the parties, if another forum would better serve the convenience of the parties and promote justice.  The case, Fennell v. Illinois Central Railroad Co., 2012 IL 113812 (Dec. 28, 2012) involved a forum non conveniens motion brought by the defendant where the plaintiff resided in Mississippi, the injury occurred in Mississippi or Louisiana, the defendant maintained offices in Mississippi and Tennessee, and the only connections to Illinois were the location of the attorneys’ offices, some documentary evidence, and the location of one of the plaintiff’s experts. The Circuit Court of St. Clair County, Illinois denied defendant’s Motion to Dismiss on forum non conveniens grounds, which was affirmed by the Fifth Circuit.  Read more