forum claim in Illinois

2007Maher & Associates, Inc. v. Quality Cabinets, 267 Ill.

2007Maher & Associates, Inc. v. Quality Cabinets, 267 Ill.

2023See Langenhorst, 219 Ill. 2d at 442 ; Dawdy, 207 Ill. 2d at 177 .

2005See, e.g. , Dawdy , 207 Ill. 2d at 182-83 , 797 N.E.2d at 699 (finding that the fact that the defendant railroad conducted business in Madison County and some of the witnesses worked there provided the forum with too tenuous an interest in the litigation where the plaintiff was a nonresident and the accident occurred elsewhere); Washington v. Illinois Power Co. , 144 Ill. 2d 395, 403 , 581 N.E.2d 644, 647 (1991) (noting that any county to which the utility company defendant provides service has some interest in the litigation but finding such interest insufficient where the plaintiff was a non

2020See Rosenberger v. Rector & Visitors of the University of Virginia, 515 U.S. 819, 830 (1995) (forum analysis of university’s funding of printing for student publications); Perry Education Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37 , 46- 4 47 (1983) (forum analysis of school mail system); see also Cornelius, 473 U.S. at 801 (forum analysis of charitable contribution program). ¶9 “Ballots serve primarily to elect candidates, not as forums for political expression.” Timmons v. Twin Cities Area New Party, 520 U.S. 351, 363 (1997) (citing Burdick v. Takushi, 504 U.S. 428, 438 (1992)).

2020See Rosenberger v. Rector & Visitors of the University of Virginia, 515 U.S. 819, 830 (1995) (forum analysis of university’s funding of printing for student publications); Perry Education Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 46-47 (1983) (forum analysis of school mail system); see also Cornelius, 473 U.S. at 801 (forum analysis of charitable contribution program). ¶9 “Ballots serve primarily to elect candidates, not as forums for political expression.” Timmons v. Twin Cities Area New Party, 520 U.S. 351, 363 (1997) (citing Burdick v. Takushi, 504 U.S. 428, 438 (1992)).

2020See Rosenberger v. Rector & Visitors of the University of Virginia, 515 U.S. 819, 830 (1995) (forum analysis of university’s funding of printing for student publications); Perry Education Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37 , 46- 4 47 (1983) (forum analysis of school mail system); see also Cornelius, 473 U.S. at 801 (forum analysis of charitable contribution program). ¶9 “Ballots serve primarily to elect candidates, not as forums for political expression.” Timmons v. Twin Cities Area New Party, 520 U.S. 351, 363 (1997) (citing Burdick v. Takushi, 504 U.S. 428, 438 (1992)).

2020See Rosenberger v. Rector & Visitors of the University of Virginia, 515 U.S. 819, 830 (1995) (forum analysis of university’s funding of printing for student publications); Perry Education Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 46-47 (1983) (forum analysis of school mail system); see also Cornelius, 473 U.S. at 801 (forum analysis of charitable contribution program). ¶9 “Ballots serve primarily to elect candidates, not as forums for political expression.” Timmons v. Twin Cities Area New Party, 520 U.S. 351, 363 (1997) (citing Burdick v. Takushi, 504 U.S. 428, 438 (1992)).

2020See Rosenberger v. Rector & Visitors of the University of Virginia, 515 U.S. 819, 830 (1995) (forum analysis of university’s funding of printing for student publications); Perry Education Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37 , 46- 4 47 (1983) (forum analysis of school mail system); see also Cornelius, 473 U.S. at 801 (forum analysis of charitable contribution program). ¶9 “Ballots serve primarily to elect candidates, not as forums for political expression.” Timmons v. Twin Cities Area New Party, 520 U.S. 351, 363 (1997) (citing Burdick v. Takushi, 504 U.S. 428, 438 (1992)).

2020See Rosenberger v. Rector & Visitors of the University of Virginia, 515 U.S. 819, 830 (1995) (forum analysis of university’s funding of printing for student publications); Perry Education Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 46-47 (1983) (forum analysis of school mail system); see also Cornelius, 473 U.S. at 801 (forum analysis of charitable contribution program). ¶9 “Ballots serve primarily to elect candidates, not as forums for political expression.” Timmons v. Twin Cities Area New Party, 520 U.S. 351, 363 (1997) (citing Burdick v. Takushi, 504 U.S. 428, 438 (1992)).

2020Recognizing that the Government, ‘no less than a private owner of property, has power to preserve the property under its control for the use to which it is lawfully dedicated,’ Greer v. Spock, 424 U.S. 828, 836 (1976), the Court has adopted a forum analysis as a means of determining when the Government’s interest in limiting the use of its property to its intended purpose outweighs the interest of those wishing to use the property for other purposes.

2020Recognizing that the Government, ‘no less than a private owner of property, has power to preserve the property under its control for the use to which it is lawfully dedicated,’ Greer v. Spock, 424 U.S. 828, 836 (1976), the Court has adopted a forum analysis as a means of determining when the Government’s interest in limiting the use of its property to its intended purpose outweighs the interest of those wishing to use the property for other purposes.

2020See Rosenberger v. Rector & Visitors of the University of Virginia, 515 U.S. 819, 830 (1995) (forum analysis of university’s funding of printing for student publications); Perry Education Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37 , 46- 4 47 (1983) (forum analysis of school mail system); see also Cornelius, 473 U.S. at 801 (forum analysis of charitable contribution program). ¶9 “Ballots serve primarily to elect candidates, not as forums for political expression.” Timmons v. Twin Cities Area New Party, 520 U.S. 351, 363 (1997) (citing Burdick v. Takushi, 504 U.S. 428, 438 (1992)).

2020See Rosenberger v. Rector & Visitors of the University of Virginia, 515 U.S. 819, 830 (1995) (forum analysis of university’s funding of printing for student publications); Perry Education Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 46-47 (1983) (forum analysis of school mail system); see also Cornelius, 473 U.S. at 801 (forum analysis of charitable contribution program). ¶9 “Ballots serve primarily to elect candidates, not as forums for political expression.” Timmons v. Twin Cities Area New Party, 520 U.S. 351, 363 (1997) (citing Burdick v. Takushi, 504 U.S. 428, 438 (1992)).

2005See, e.g. , Dawdy , 207 Ill. 2d at 182-83 , 797 N.E.2d at 699 (finding that the fact that the defendant railroad conducted business in Madison County and some of the witnesses worked there provided the forum with too tenuous an interest in the litigation where the plaintiff was a nonresident and the accident occurred elsewhere); Washington v. Illinois Power Co. , 144 Ill. 2d 395, 403 , 581 N.E.2d 644, 647 (1991) (noting that any county to which the utility company defendant provides service has some interest in the litigation but finding such interest insufficient where the plaintiff was a non

2005See, e.g. , Dawdy , 207 Ill. 2d at 182-83 , 797 N.E.2d at 699 (finding that the fact that the defendant railroad conducted business in Madison County and some of the witnesses worked there provided the forum with too tenuous an interest in the litigation where the plaintiff was a nonresident and the accident occurred elsewhere); Washington v. Illinois Power Co. , 144 Ill. 2d 395, 403 , 581 N.E.2d 644, 647 (1991) (noting that any county to which the utility company defendant provides service has some interest in the litigation but finding such interest insufficient where the plaintiff was a non

2003However, where it is alleged that a facially valid statute, ordinance, or administrative rule "is applied in a discriminatory or arbitrary manner, the rule generally prevails that recourse must be had in the first instance to the appropriate administrative board." Bank of Lyons, 13 Ill.2d at 495 , 150 N.E.2d 97 ; accord Castaneda v. Illinois Human Rights Comm'n, 132 Ill.2d 304, 308-09 , 138 Ill.Dec. 270 , 547 N.E.2d 437 (1989) (collecting cases).

2003However, where it is alleged that a facially valid statute, ordinance, or administrative rule “is applied in a discriminatory or arbitrary manner, the rule generally prevails that recourse must be had in the first instance to the appropriate administrative board.” Bank of Lyons, 13 Ill. 2d at 495 ; accord Castaneda v. Illinois Human Rights Comm’n, 132 Ill. 2d 304, 308-09 (1989) (collecting cases).

2017Langenhorst, 219 Ill. 2d at 444 , 848 N.E.2d at 935 ; Guerine, 198 Ill. 2d at 518 , 764 N.E.2d at 59 . ¶ 28 A further consideration in the forum analysis is the deference owed to a plaintiff’s choice of forum.

2017Langenhorst, 219 Ill. 2d at 444 , 848 N.E.2d at 935 ; Guerine, 198 Ill. 2d at 518 , 764 N.E.2d at 59 . ¶ 28 A further consideration in the forum analysis is the deference owed to a plaintiff’s choice of forum.

2001Absent that, there is no basis for concluding that it would be unfair, unjust, or unreasonable to hold that party to his bargain. [Citation.]’ [Citation.] Thus, in order to hold a forum selection clause unenforceable, enforcement must contravene the strong public policy of the forum or the chosen forum must be seriously inconvenient for the trial of the action. [Citation.] However, even when one party claims inconvenience, if both parties freely entered the agreement contemplating such inconvenience should there be a dispute, one party cannot successfully argue inconvenience as a reason for re

1989App. 3d 85 .) If both parties freely entered into the agreement contemplating such inconvenience should there be a dispute, one party cannot successfully argue inconvenience as a reason for rendering the forum clause unenforceable. 157 Ill.

2025App. 3d at 88 (quoting The Bremen, 407 U.S. at 12 ). “[E]ven when one party claims inconvenience, if both parties freely entered the agreement contemplating such inconvenience should there be a dispute, one party cannot successfully argue inconvenience as a reason for rendering the forum clause unenforceable.” Id.

2025App. 3d at 88 (quoting The Bremen, 407 U.S. at 12 ). “[E]ven when one party claims inconvenience, if both parties freely entered the agreement contemplating such inconvenience should there be a dispute, one party cannot successfully argue inconvenience as a reason for rendering the forum clause unenforceable.” Id.

2020See Rosenberger v. Rector & Visitors of the University of Virginia, 515 U.S. 819, 830 (1995) (forum analysis of university’s funding of printing for student publications); Perry Education Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37 , 46- 4 47 (1983) (forum analysis of school mail system); see also Cornelius, 473 U.S. at 801 (forum analysis of charitable contribution program). ¶9 “Ballots serve primarily to elect candidates, not as forums for political expression.” Timmons v. Twin Cities Area New Party, 520 U.S. 351, 363 (1997) (citing Burdick v. Takushi, 504 U.S. 428, 438 (1992)).

2020See Rosenberger v. Rector & Visitors of the University of Virginia, 515 U.S. 819, 830 (1995) (forum analysis of university’s funding of printing for student publications); Perry Education Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 46-47 (1983) (forum analysis of school mail system); see also Cornelius, 473 U.S. at 801 (forum analysis of charitable contribution program). ¶9 “Ballots serve primarily to elect candidates, not as forums for political expression.” Timmons v. Twin Cities Area New Party, 520 U.S. 351, 363 (1997) (citing Burdick v. Takushi, 504 U.S. 428, 438 (1992)).

2024People v. Petrenko, 237 Ill. 2d 490, 503 (2010), - 14 - 1-19-1374 People v. Guevara, 216 Ill. 2d 533, 542 (2005) (“If this [sentencing] provision violates the proportionate penalties clause, then it is void ab initio.”). ¶ 54 Defendant has raised an as-applied challenge to his sentence under the proportionate penalties clause for the first time on appeal; therefore, the proper forum for his claim ordinarily should be in a successive postconviction petition.

2024Id.

2024Id. at 724, 726 .

2024People v. Petrenko, 237 Ill. 2d 490, 503 (2010), - 14 - 1-19-1374 People v. Guevara, 216 Ill. 2d 533, 542 (2005) (“If this [sentencing] provision violates the proportionate penalties clause, then it is void ab initio.”). ¶ 54 Defendant has raised an as-applied challenge to his sentence under the proportionate penalties clause for the first time on appeal; therefore, the proper forum for his claim ordinarily should be in a successive postconviction petition.

2020Our supreme court has “long held that section 2-1401 proceedings are not an appropriate forum -5- for ineffective-assistance claims because such claims do not challenge the factual basis for the judgment.” People v. Pinkonsly, 207 Ill. 2d 555, 567 , 802 N.E.2d 236, 244 (2003).

2020Our supreme court has “long held that section 2-1401 proceedings are not an appropriate forum -5- for ineffective-assistance claims because such claims do not challenge the factual basis for the judgment.” People v. Pinkonsly, 207 Ill. 2d 555, 567 , 802 N.E.2d 236, 244 (2003).