A new appellate decision sheds new light on the conditions under which a party can file an action against a deceased person’s personal representative.  In Cross v. Ochsenschlager, the plaintiff sued a wrong-way driver who caused an accident that injured her.  The case traveled through the courts for a very […]

A recent Illinois appellate court decision has affirmed the continued viability of the intrastate forum non conveniens doctrine despite calls for its abolishment in an era of remote court proceedings and virtual depositions. In Adamian v. Balash, 2024 IL App (1st) 231876, the plaintiffs filed a lawsuit in Cook County […]

On July 19, 2024, 2023 Illinois House Bill No. 4351 adopted amendments to 735 ILCS 5/2-202.  This statute concerns service and special process servers retained by the parties.  HB 4351 changed the statute such that in addition to effectuating service by a sheriff or a coroner, now a process server […]

In a July opinion, the Illinois Appellate Court for the Second District upheld summary judgment for the defendant general contractor, holding that where the employee of a subcontractor is injured, the general contractor does not owe that employee a duty of care unless it enforced actual control over the subcontractor’s […]

There are several challenges defense attorney’s face when pursuing a Forum Non Conveniens Motion, particularly in Cook County. When ruling on a motion to transfer pursuant to Forum Non Conveniens, a Court balances several public interest and private interest factors.  It is ultimately the Defendant’s burden to show that Plaintiff’s […]