balance factors in Illinois

2026Although this is a difficult standard for a defendant to meet, “it does not foreclose legitimate transfers when the balance of factors strongly favors litigation in another forum.” Id. at 521. ¶ 10 A plaintiff’s choice of forum is entitled to substantial deference.

2024“Instead, the trial court must evaluate the total circumstances of the case” and determine “whether the defendant has proven that the balance of factors strongly favors transfer.” Id.

2026Langenhorst, 219 Ill. 2d at 444 (the balance of factors must strongly favor the defendant’s choice to justify disturbing the plaintiff’s choice). ¶ 15 With respect to the private interest factors, the factor of convenience of the parties does not favor transfer.

2024The circuit court “must evaluate the total circumstances of the case in determining whether the defendant has proven that the balance of factors strongly favors [dismissal].” Id. at 444. - 20 - No. 1-23-1302 ¶ 62 1.

2002See Peile, 163 Ill.2d at 336-37 , 206 Ill.Dec. 179 , 645 N.E.2d 184 ; see Bland v. Norfolk & Western Ry.

2002See Peile, 163 Ill. 2d at 336-37 ; see Bland v. Norfolk & Western Ry.

2022The trial court’s task requires the court to balance these factors, weighing them at the first instance, and places the court “in a better position to see the witnesses and judge their credibility.” In re C.P., 2019 IL App (4th) 190420, ¶ 71 (internal citations and quotations marks omitted).

2021The trial court’s task requires the court to balance these factors, weighing them at the first instance, and places the court “in a better position to see the witnesses and judge their credibility.” In re C.P., 2019 IL App (4th) 190420, ¶ 71 (internal citations and quotations marks omitted).

2023Co., 219 Ill. 2d 430, 443-44 , 848 N.E.2d 927, 935 (2006) (citing First American Bank v. - 12 - Guerine, 198 Ill. 2d 511 , 516-17, 764 N.E.2d 54, 59 (2002)). ¶ 37 The factors are not weighed against each other; instead “the [trial] court must evaluate the total circumstances of the case in determining whether the balance of factors strongly favors dismissal.” Fennell, 2012 IL 113812, ¶ 17 .

2021This is a difficult standard 6 to satisfy, but the standard “ ‘does not foreclose legitimate transfers when the balance of factors strongly favor[] litigation in another forum.’ ” Langenhorst, 219 Ill. 2d at 443 (Emphasis in original.) (quoting Guerine, 198 Ill. 2d at 521). ¶ 19 A case involving forum non conveniens is “unique and must be considered on its own facts.” Fennell, 2012 IL 113812, ¶ 21 .

2004App. 3d 6 , 636 N.E.2d 1129 (1994), as "definitively rejecting the special needs test and adopting the balance test." Hall , slip op. at 13, citing Wealer , 264 Ill.

2004App. 3d 6 , 636 N.E.2d 1129 (1994), as “definitively rejecting the special needs test and adopting the balance test.” Hall, 352 Ill.

2025A court must balance all factors together, not placing too much weight on any one factor, and determine if, under the totality of the circumstances, “ ‘the balance of factors strongly favors’ dismissal of the litigation.” Inman v. Howe Freightways, Inc., 2022 IL App (1st) 210274, ¶ 40 . “ ‘If central emphasis were placed on any one factor, the forum non conveniens doctrine would lose much of the very flexibility that makes it so valuable.’ ” Dawdy, 207 Ill. 2d at 176 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 249-50 (1981)). ¶ 15 A plaintiff’s initial choice of forum will prevail in m

2002Peile, 163 Ill.2d at 336-37 , 206 Ill.Dec. 179 , 645 N.E.2d 184 ; see Bland, 116 Ill.2d at 227 , 107 Ill.Dec. 236 , 506 N.E.2d 1291 ("`If central emphasis were placed on any one factor, the forum non conveniens doctrine would lose much of the very flexibility that makes it so valuable'"), quoting Piper Aircraft, 454 U.S. at 249-50 , 102 S.Ct. at 263 , 70 L.Ed.2d at 432 .

2013People v. Stacey, 193 Ill. 2d 203, 210 (2000). ¶ 39 It is the province of the trial court to balance factors in aggravation and mitigation and make a reasoned decision as to the appropriate punishment (People v. Streit, 142 Ill. 2d 13, 21 (1991)), and it is not our prerogative to reweigh these factors and independently decide that the sentence is excessive (People v. Alexander, 239 Ill. 2d 205, 214-15 (2010)).

2005See People v. Streit, 142 Ill. 2d 13, 19 (1991) (a reviewing court must not substitute its judgment as to sentence for that of the trial court merely because it would have weighted factors in aggravation and mitigation differently).

2002Peile, 163 Ill.2d at 336-37 , 206 Ill.Dec. 179 , 645 N.E.2d 184 ; see Bland, 116 Ill.2d at 227 , 107 Ill.Dec. 236 , 506 N.E.2d 1291 ("`If central emphasis were placed on any one factor, the forum non conveniens doctrine would lose much of the very flexibility that makes it so valuable'"), quoting Piper Aircraft, 454 U.S. at 249-50 , 102 S.Ct. at 263 , 70 L.Ed.2d at 432 .

2002Peile, 163 Ill.2d at 336-37 , 206 Ill.Dec. 179 , 645 N.E.2d 184 ; see Bland, 116 Ill.2d at 227 , 107 Ill.Dec. 236 , 506 N.E.2d 1291 ("`If central emphasis were placed on any one factor, the forum non conveniens doctrine would lose much of the very flexibility that makes it so valuable'"), quoting Piper Aircraft, 454 U.S. at 249-50 , 102 S.Ct. at 263 , 70 L.Ed.2d at 432 .

2007“Rather, the trial court must evaluate the total circumstances of the case in determining whether the balance of factors strongly favors transfer.” Gridley, 217 Ill. 2d at 170 , citing Guerine, 198 Ill. 2d at 518.

2007"Rather, the trial court must evaluate the total circumstances of the case in determining whether the balance of factors strongly favors transfer." Gridley, 217 Ill. 2d at 170 (citing Guerine, 198 Ill. 2d at 518).

2000Deference to plaintiff's choice of forum is a further consideration under the doctrine; "[a]lthough a plaintiff's choice of forum is generally accorded great weight and will not be disturbed unless the balance of factors strongly favors defendant, a plaintiff's choice is entitled to less deference when plaintiff chooses a foreign forum." Schoon , 207 Ill.

2000Deference to plaintiffs choice of forum is a further consideration under the doctrine; “[although a plaintiffs choice of forum is generally accorded great weight and will not be disturbed unless the balance of factors strongly favors defendant, a plaintiffs choice is entitled to less deference when plaintiff chooses a foreign forum.” Schoon, 207 Ill.

2014Co., 98 Ill. 2d 359, 366 (1983). ¶ 37 Finally, the Fennell court noted the doctrine’s aim of preventing forum shopping: “[C]ourts have never favored forum shopping. [Citation.] Decent judicial administration cannot tolerate forum shopping as a persuasive or even legitimate reason for burdening communities with litigation that arose elsewhere and should, in all justice, be tried there. [Citation.] Indeed, [a] concern animating our forum non conveniens jurisprudence is curtailing forum shopping by plaintiffs.” (Internal quotation marks omitted.) Fennell, 2012 IL 113812, ¶ 19 . ¶ 38 Before moving

2014Co., 98 Ill. 2d 359, 366 (1983). ¶ 37 Finally, the Fennell court noted the doctrine’s aim of preventing forum shopping: “[C]ourts have never favored forum shopping. [Citation.] Decent judicial administration cannot tolerate forum shopping as a persuasive or even legitimate reason for burdening communities with litigation that arose elsewhere and should, in all justice, be tried there. [Citation.] Indeed, [a] concern animating our forum non conveniens jurisprudence is curtailing forum shopping by plaintiffs.” (Internal quotation marks omitted.) Fennell, 2012 IL 113812, ¶ 19 . ¶ 38 Before moving

2012The balance of factors must strongly favor transfer of the case before the plaintiff can be deprived of his chosen forum." Guerine, 198 Ill.2d at 526 , 261 Ill.Dec. 763 , 764 N.E.2d at 64 ; see Hackl v. Advocate Health & Hospitals Corp., 382 Ill.App.3d 442, 446 , 320 Ill.Dec. 582 , 887 N.E.2d 726, 730 (2008). ¶ 35 The aspect of this factor that appears to more strongly favor defendant is the location of documents.

2012The balance of factors must strongly favor transfer of the case before the plaintiff can be deprived of his chosen forum." Guerine, 198 Ill.2d at 526 , 261 Ill.Dec. 763 , 764 N.E.2d at 64 ; see Hackl v. Advocate Health & Hospitals Corp., 382 Ill.App.3d 442, 446 , 320 Ill.Dec. 582 , 887 N.E.2d 726, 730 (2008). ¶ 35 The aspect of this factor that appears to more strongly favor defendant is the location of documents.

2006See Clay, 325 Ill.

2006See Clay, 325 Ill.

2004See Garvin, 349 Ill.

2004Dec. 953 , 812 N.E.2d 773 (citing Wealer as the Illinois case definitively rejecting the special needs test and adopting the balance test).

2023“If central emphasis were placed on any one factor, the forum non conveniens doctrine would lose much of the very flexibility that makes it so valuable.” (Internal quotation marks omitted.) Id. “[E]ach forum non conveniens case is unique and must be considered on its own facts.” Id. ¶ 21. ¶ 38 Forum non conveniens has been described as an “unequal balancing test.” Griffith v. Mitsubishi Aircraft International, Inc., 136 Ill. 2d 101, 107 , 554 N.E.2d 209, 212 (1990).

2023“If central emphasis were placed on any one factor, the forum non conveniens doctrine would lose much of the very flexibility that makes it so valuable.” (Internal quotation marks omitted.) Id. “[E]ach forum non conveniens case is unique and must be considered on its own facts.” Id. ¶ 21. ¶ 38 Forum non conveniens has been described as an “unequal balancing test.” Griffith v. Mitsubishi Aircraft International, Inc., 136 Ill. 2d 101, 107 , 554 N.E.2d 209, 212 (1990).

2002App. 3d at 181 , citing Stein v. Volkswagen of America, Inc., 135 Ill.

1996Stein v. Volkswagen of America, Inc. (1985), 135 Ill.

2013People v. Stacey, 193 Ill. 2d 203, 210 (2000). ¶ 39 It is the province of the trial court to balance factors in aggravation and mitigation and make a reasoned decision as to the appropriate punishment (People v. Streit, 142 Ill. 2d 13, 21 (1991)), and it is not our prerogative to reweigh these factors and independently decide that the sentence is excessive (People v. Alexander, 239 Ill. 2d 205, 214-15 (2010)).