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Forum Non Conveniens Doctrine Survives, Despite Plaintiff’s Bar’s Efforts
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 alleging medical malpractice in connection with the birth of their son. The defendant doctor moved to transfer the action to DuPage County, the county where he practiced medicine and where the alleged negligent acts and injuries took place. The trial court denied the motion, reasoning that the private inconveniences of litigating the case in Cook County did not outweigh Plaintiff’s choice of forum. The Appellate Court, however, reversed and remanded the case with instructions to grant the motion and effectuate the transfer to DuPage County.
In reaching its decision, the Court first considered the relative convenience of the parties and potential witnesses in litigating the case in Cook County as opposed to DuPage County. The Court found that DuPage County was geographically more convenient to the parties and witnesses. However, the Court acknowledged that certain technological advancements allowing for virtual depositions and remote court proceedings alleviate the practical concerns of litigating in different forums noting that transferring the case to DuPage County would not make it any easier to request discovery, produce evidence, or depose witnesses. Nonetheless, the Court ultimately determined that the public’s interest in adjudicating the case in DuPage County outweighed any benefits provided by technological advancements.
This decision comes on the heels of the Illinois Trial Lawyers Association’s calls for the Illinois Supreme Court to abolish the doctrine of forum non conveniens due to technological advancements that have made it easier to travel and communicate and allowed activities traditionally done in person, such as depositions and court proceedings, to occur remotely.
The Adamian decision affirms that while technological advancements are relevant to forum selection determinations, they will not always outweigh traditional forum considerations and the public’s interest in having local controversies resolved locally will hold significant weight. Practically speaking, this decision means that our firm will continue to file forum non conveniens motions as circumstances warrant.