Adkins v. Chi. R. Is. & Pac. RR Co. (1973)

App. 3d at 70 , 704 N.E.2d at 837 ), and allows the court to decline jurisdiction “whenever it appears that there is another forum that can better ‘serve the convenience of the parties and the ends of justice.’ ” Adkins, 54 Ill. 2d at 514, 301 N.E.2d at 730, quoting Lonergan v. Crucible Steel Co. of America, 37 Ill. 2d 599, 606 , 229 N.E.2d 536, 539 (1967).

App. 3d at 70 , 704 N.E.2d at 837 ), and allows the court to decline jurisdiction "whenever it appears that there is another forum that can better 'serve the convenience of the parties and the ends of justice.' " Adkins, 54 Ill. 2d at 514, 301 N.E.2d at 730, quoting Lonergan v. Crucible Steel Co. of America, 37 Ill. 2d 599, 606 , 229 N.E.2d 536, 539 (1967).

Adkins, 54 Ill. 2d at 515, 301 N.E.2d at 731.

Adkins , 54 Ill. 2d at 515, 301 N.E.2d at 731.

Co. (1973), 54 Ill.2d 511 , 301 N.E.2d 729 : "Factors to be considered in disposing of a motion to dismiss forum non conveniens include the relative capacities of the two courts to provide a fair trial, the relative inconvenience to witnesses and parties, and the burden placed upon the taxpayers and residents of the jurisdiction to which the cause of action is transported." 54 Ill.2d at 514, 301 N.E.2d at 730.

R.R., 54 Ill.2d 511 , 301 N.E.2d 729, 730 (1973)).

R.R., 54 Ill.2d 511 , 301 N.E.2d 729, 730 (1973)). [1] Carl Christopher Scherz, Comment, Section 71.051 of the Texas Civil Practice and Remedies Code—The Texas Legislature's Answer to Alfaro: Forum Non Conveniens in Personal Injury and Wrongful Death Litigation, 46 BAYLOR L.REV. 99, 101, 106 (1994). [2] Further references to particular sections of the Civil Practice and Remedies Code, unless specifically noted otherwise, will be to the statutory language applicable to this c…

Co. (1973), 54 Ill. 2d 511 , 514, 301 N.E.2d 729 , 730), the circuit court abused its discretion (see, e.g., Meyers v. Bridgeport Machines Division of Textron, Inc. (1986), 113 Ill. 2d 112 , 497 N.E.2d 745 ) in refusing to allow a transfer of this action to the circuit court of Lake County, Indiana, a forum which they contend "can better serve the convenience of the parties and the ends of justice.” Adkins, 54 Ill. 2d at 514, 301 N.E.2d at 730.

Ed. at 1062 , 67 S. Ct. at 843 ; Adkins, 54 Ill. 2d at 514.) Prior as well as subsequent decisions by the appellate court have also recognized and considered this factor.

(Adkins, 54 Ill. 2d at 514, 301 N.E.2d at 730.) This analysis applies to intrastate transfers as well as to interstate transfers.

Co., 54 Ill 2d 511, 514, 301 NE2d 729, 730 (1973)); see also id. at 1180 (stating well-established principle that “[t]he inherent power of courts includes the authority to dismiss on the basis of forum non conveniens” and noting cases recognizing that power).

The doctrine of forum non conveniens “is founded in considerations of fundamental fairness and sensible and effective judicial administration,” Adkins v. Chicago, Rock Island and Pacific Railroad Co., 54 Ill.2d 511 , 301 N.E.2d 729, 730 (1973), and it is widely recognized to be of common law origin.

Adkins , 54 Ill. 2d at 514.

Adkins, 54 Ill. 2d at 514.

Finally, Moore is readily distinguishable from the instant case because: (1) in Moore , the only factor connecting the defendant with Illinois was that the defendant's principal place of business was located in Cook County (See Adkins , 54 Ill. 2d at 515 (in removing the case from Illinois, the court reasoned that the fact that a railroad does business in Illinois has been held not to be controlling in disposing of a motion to dismiss on the basis of forum non conveniens bec…

Finally, Moore is readily distinguishable from the instant case because: (1) in Moore, the only factor connecting the defendant with Illinois was that the defendant’s principal place of business was located in Cook County (see Adkins, 54 Ill. 2d at 515 (in removing the case from Illinois, the court reasoned that the fact that a railroad does business in Illinois has been held not to be controlling in disposing of a motion to dismiss on the basis of forum non conveniens becau…

Co., 54 Ill.2d 511 , 301 N.E.2d 729, 730 (1973), cert. denied, 424 U.S. 943 , 96 S.Ct. 1411 , 47 L.Ed.2d 349 (1976)).

(Adkins, 54 Ill. 2d at 514.) Although deference is generally accorded to the plaintiff’s choice of forum, less deference to that choice is warranted if the plaintiff is foreign to the forum.

Ed. at 1062 , 67 S. Ct. at 843 ), and should be weighed heavily by a doctrine based on “sensible and effective judicial administration.” Adkins, 54 Ill. 2d at 514.

(Adkins, 54 Ill. 2d at 514; Bland v. Norfolk & Western Ry.

(McClain, 121 Ill. 2d at 288 , 520 N.E.2d at 372 (relying upon Adkins, 54 Ill. 2d at 514, 520 N.E.2d at 730 ); Foster v. Chicago & Northwestern Transportation Co. (1984), 102 Ill. 2d 378, 381-82 , 466 N.E.2d 198, 199 .) The forum non conveniens determination is committed to the sound discretion of the trial court and may be set aside only when there has been a clear abuse of that discretion.

Co., 116 Ill.2d 217, 224 , 107 Ill.Dec. 236 , 506 N.E.2d 1291 (1987); see also Adkins, 54 Ill.2d at 514, 301 N.E.2d 729 (these factors also may include the relative capacities of the two forums to provide a fair trial).

See, e.g., Adkins v. Chicago, R.I. & P.R.R., 54 Ill.2d 511 , 301 N.E.2d 729 (1973), cert. denied, 424 U.S. 943 , 96 S.Ct. 1411 , 47 L.Ed. 349 (1976), cf. Cotton v. *507 Louisville & N.R.R., 14 Ill.2d 144 , 152 N.E.2d 385 (1958). [3] Elsewhere the procedure has been codified. [4] These solutions, and the underlying distinction between "fairness" as the presence of constitutional prerequisites and fairness of the choice of forum in the actual case, are described in Morley, For…

Co., 116 Ill. 2d 217, 224 (1987); see also Adkins, 54 Ill. 2d at 514 (these factors also may include the relative capacities of the two forums to provide a fair trial).

See Adkins v. Chicago, Rock Island & Pacific Railroad Co., Ill., 301 N.E.2d 729 (1973). 2 .