venue waiver in Illinois

2014App. 3d at 557-58 . ¶ 57 However, when a venue waiver clause is placed in a form contract and affects the due process rights of others, the waiver clause can be void contrary to public policy. ¶ 58 In Williams v. Illinois State Scholarly Comm'n, 139 Ill. 2d 24 (1990), our supreme court in a four-to-three decision found that an Illinois statute providing for the commencement of actions on delinquent or defaulted student loans exclusively in Cook County violated student borrowers' due process rights, and that the forum selection clause in guaranteed student loan agreements were void as contrary

2014App. 3d at 557-58 (Burman, J., dissenting). ¶ 57 However, when a venue waiver clause is placed in a form contract and affects the due process rights of others, the waiver clause can be void contrary to public policy. ¶ 58 In Williams v. Illinois State Scholarly Comm'n, 139 Ill. 2d 24 (1990), our supreme court in a 4 to 3 decision found that an Illinois statute providing for the commencement of actions on delinquent or defaulted student loans exclusively in Cook County violated student borrowers' due process rights, and that the forum selection clause in guaranteed student loan agreements was v

2014Except as otherwise provided in this Act, every action must be commenced (1) in the county of residence of any defendant who is joined in good faith and with probable cause for the purpose of obtaining a judgment against him or her and not solely for the purpose of fixing venue in that county, or (2) in the county in which the transaction or some part thereof occurred out of which the cause of action arose.” 735 ILCS 5/2-101 (West 2012). ¶ 54 The venue waiver clause in Martin-Trigona v. Roderick, 29 Ill.

2014Except as otherwise provided in this Act, every action must be commenced (1) in the county of residence of any defendant who is joined in good faith and with probable cause for the purpose of obtaining a judgment against him or her and not solely for the purpose of fixing venue in that county, or (2) in the county in which the transaction or some part thereof occurred out of which the cause of action arose.” 735 ILCS 5/2- 101 (West 2012). ¶ 54 The venue waiver clause in Martin-Trigona v. Roderick, 29 Ill.

2020Skilling, 163 Ill. 2d at 287 .

2019Skilling, 163 Ill. 2d at 287 .

2015We find that we cannot simply disregard the spirit and purpose of the statute, and we therefore choose to remain consistent in holding that our courts will not condone attempts to circumvent the venue rule. ¶ 20 Certified question answered in the affirmative. ¶ 21 JUSTICE STEWART, dissenting. ¶ 22 I respectfully dissent from the opinion of my distinguished colleagues. ¶ 23 The majority acknowledges that a refiled action after a voluntary dismissal “is an entirely new and separate action, not a reinstatement of the old action.” Dubina, 178 Ill. 2d at 504 .

2015We find that we cannot simply disregard the spirit and purpose of the statute, and we therefore choose to remain consistent in holding that our courts will not condone attempts to circumvent the venue rule. ¶ 20 Certified question answered in the affirmative. ¶ 21 JUSTICE STEWART, dissenting. ¶ 22 I respectfully dissent from the opinion of my distinguished colleagues. ¶ 23 The majority acknowledges that a refiled action after a voluntary dismissal "is an entirely new and separate action, not a reinstatement of the old action." Dubina, 178 Ill. 2d at 504 .

2014App. 3d at 557-58 (Burman, J., dissenting) (quoting Neirbo Co., 308 U.S. at 167-68 ). ¶ 57 However, when a venue waiver clause is placed in a form contract and affects the due process rights of others, the waiver clause can be void contrary to public policy. ¶ 58 In Williams v. Illinois State Scholarly Comm’n, 139 Ill. 2d 24 (1990), our supreme court in a 4 to 3 decision found that an Illinois statute providing for the commencement of actions on delinquent or defaulted student loans exclusively in Cook County violated student borrowers’ due process rights, and that the forum selection clause i

1957(Neirbo Co., v. Bethlehem Shipbuilding Corp. 308 U.S. 165 (1939).) And so the argument was that just as the defendant by using the highways of Kentucky had “consented” to' be sued there for jurisdictional purposes, so he had “consented” to be sued there for purposes of the Federal venue statute.

2025Id. at 241 . ¶ 43 In Illinois, “[t]he issue of venue, sometimes known as vicinage, has a long history ***.” People v. Manley, 196 Ill.

2023At the hearing, the court cited to Kaiser v. Doll-Pollard, 398 Ill.

2021This suggests that the specification as to the appellate district is intended to apply to a venue analysis and is not intended to limit jurisdiction to a particular appellate court district. ¶ 20 In interpreting the Administrative Review Law, our supreme court has held that filing an action for administrative review in an improper venue does not deprive the circuit court of subject matter jurisdiction. 3 Slepicka v. Illinois Department of Public Health, 2014 IL 116927, ¶ 36 .

2013Murges, 254 Ill.

2006Winn, 308 Ill.

1990App. 3d 641 , 396 N.E.2d 1374 .) Viewing section 17 — 1(B) and the general venue statute together, we find that section 17 — 1(B) is not an exception to the venue requirement but rather applies in cases where the deceptive acts occurred within the same county.

1990Defendants also concede that one panel of the Illinois Appellate Court held that a waiver-of-venue provision is void as contrary to the general venue statute and public policy. ( Martin-Trigona v. Roderick (1975), 29 Ill.App.3d 553, 555 , 331 N.E.2d 100 .) Besides arguing that the Martin-Trigona case is distinguishable from the case at bar because the contractual clause in question in ISSC loan agreements is *472 actually a forum selection clause and not a venue waiver clause, defendants cite a more recent appellate court opinion ( Calanca v. D & S Manufacturing Co. (1987), 157 Ill.App.3d 85 ,

1990App. 3d 553, 555 .) Besides arguing that the Martin-Trigona case is distinguishable from the case at bar because the contractual clause in question in ISSC loan agreements is actually a forum selection clause and not a venue waiver clause, defendants cite a more recent appellate court opinion (Calanca v. D & S Manufacturing Co. (1987), 157 Ill.

1983App. 3d 454, 456 , 367 N.E.2d 529 ), it had a vested right in the venue privilege existing at the time this suit was filed.

1982Barrett v. Barrett (1964), 31 Ill. 2d 360, 364-65 , 201 N.E.2d 849, 851 .) The dissent in R.D.H. is much more faithful to the language of the Juvenile Court Act’s venue requirement.

1982Barrett v. Barrett (1964), 31 Ill. 2d 360, 364-65 , 201 N.E.2d 849, 851 .) The dissent in R.D.H. is much more faithful to the language of the Juvenile Court Act’s venue requirement.