public and private interest factors in Illinois

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 .

2012See Guerine, 198 Ill. 2d at 516-17 (“Court congestion is a relatively insignificant factor, especially where the record does not show the other forum would resolve the case more quickly.”). ¶ 40 After reviewing the circuit court’s findings in regard to the private and public interests concerning dismissing plaintiff’s case, we cannot say that no reasonable person would take the view, as the circuit court did in this case, that the public and private interest factors favor -10- Florida as a forum.

2020See id. at 184 . ¶ 31 Even though we conclude that the weight of the public and private interest factors strongly favors this case being held in Black Hawk County, Iowa, we wish to address plaintiff’s principal argument—that the forum is convenient because Illinois Central is headquartered in Cook County.

2020See id. at 184. ¶ 31 Even though we conclude that the weight of the public and private interest factors strongly favors this case being held in Black Hawk County, Iowa, we wish to address plaintiff’s principal argument: that the forum is convenient because Illinois Central is headquartered in Cook County.

2011As the supreme court has acknowledged, the legislature occupies a superior position in determining public policy (Reed,, 188 Ill. 2d at 175 ), and I can conceive of no difference in the public and private interest factors which are relevant to a determination as to the propriety of permitting trial de novo clauses to be included in arbitration provisions governing uninsured-motorist coverage as compared to those governing underinsured-motorist coverage.” Samek, 341 Ill.

2011As the supreme court has acknowledged, the legislature occupies a superior position in determining public policy (Reed, 188 Ill. 2d at 175 ), and I can conceive of no difference in the public and private interest factors which are relevant to a determination as to the propriety of permitting trial de novo clauses to be included in arbitration provisions governing uninsured-motorist coverage as compared to those governing underinsured-motorist coverage.” Samek, 341 Ill.

2003“A plaintiff is given the right to select the forum, and unless the public and private interest factors strongly weigh in favor of transfer, a plaintiffs choice of forum will rarely be disturbed.” Kwasniewski, 153 Ill. 2d at 553 .

2003"A plaintiff is given the right to select the forum, and unless the public and private interest factors strongly weigh in favor of transfer, a plaintiff's choice of forum will rarely be disturbed." Kwasniewski , 153 Ill. 2d at 553 .

2026“The doctrine allows a court to decline jurisdiction of a case, even though it may have proper jurisdiction over the subject matter and the parties, if it appears that another forum can better serve the convenience of the parties and the ends of justice.” Id. ¶ 14 In determining whether the doctrine of forum non conveniens applies, the circuit court must balance the public and private interest factors.

2025See, e.g., Fennell, 2012 IL 113812, ¶¶ 24, 48-51, 74-75 (reversing and remanding with directions to dismiss the action in favor of sister state forum where the weight of the public and 25 No. 1-25-0028 private interest factors greatly favored dismissal and plaintiff’s choice of forum was entitled to little deference, over Justice Kilbride’s dissent that the case should be “remand[ed] to the trial court for a more thorough decision considering all forum non conveniens factors”); Monteagudo, 2023 IL App (1st) 220045, ¶¶ 56-58 (concluding the circuit court abused its discretion when it denied def

2023Co., 219 Ill. 2d 430, 443-44 (2006).” ¶ 36 “In determining whether the doctrine of forum non conveniens applies, the circuit court must balance the public and private interest factors.” Fennell, 2012 IL 113812, ¶ 17 . “ ‘[P]rivate interest factors include (1) the convenience of the parties; (2) the relative ease of access to sources of testimonial, documentary, and real evidence; and (3) all other practical problems that make trial of a case easy, expeditious, and inexpensive * * *.’ [Citation.] Public interest factors include (1) the interest in deciding controversies locally; (2) the unfairn

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 .

2006Gridley v. State Farm Mutual Automobile Insurance Co., 217 Ill. 2d 158, 170 (2005); Guerine, 198 Ill. 2d at 517; Peile, 163 Ill. 2d at 337 ; Cook v. General Electric Co., 146 Ill. 2d 548, 557 (1992).

2006Gridley v. State Farm Mutual Automobile Insurance Co., 217 Ill.2d 158, 170 , 298 Ill.Dec. 499 , 840 N.E.2d 269 (2005); Guerine, 198 Ill.2d at 517 , 261 Ill.Dec. 763 , 764 N.E.2d 54 ; Peile, 163 Ill.2d at 337 , 206 Ill.Dec. 179 , 645 N.E.2d 184 ; Cook v. General Electric Co., 146 Ill.2d 548, 557 , 167 Ill.Dec. 957 , 588 N.E.2d 1087 (1992).

2022See Ruch, 2015 IL App (1st) 142972, ¶ 42 (“Before weighing the relevant factors, a court must first decide how much deference to give to a plaintiff’s choice of forum.” (Internal quotation marks omitted.)). ¶ 30 Defendants are correct that the determination of deference typically occurs prior to the circuit court balancing the public and private interest factors.

2022See Ruch, 2015 IL App (1st) 142972, ¶ 42 (“Before weighing the relevant factors, a court must decide how much weight to give to a plaintiff’s choice of forum.”). ¶ 31 Defendants are correct that the determination of deference typically occurs prior to the circuit court balancing the public and private interest factors.

2011As the supreme court has acknowledged, the legislature occupies a superior position in determining public policy (Reed,, 188 Ill. 2d at 175 ), and I can conceive of no difference in the public and private interest factors which are relevant to a determination as to the propriety of permitting trial de novo clauses to be included in arbitration provisions governing uninsured-motorist coverage as compared to those governing underinsured-motorist coverage.” Samek, 341 Ill.

2011As the supreme court has acknowledged, the legislature occupies a superior position in determining public policy (Reed, 188 Ill. 2d at 175 ), and I can conceive of no difference in the public and private interest factors which are relevant to a determination as to the propriety of permitting trial de novo clauses to be included in arbitration provisions governing uninsured-motorist coverage as compared to those governing underinsured-motorist coverage.” Samek, 341 Ill.

2023Co., 86 Ill. 2d 111, 123 (1981)).” ’ ” Wylie v. Schaefer, 2021 IL App (5th) 200425, ¶ 14 (quoting Kuhn v. Nicol, 2020 IL App (5th) 190225, ¶ 11 , quoting Shaw v. Haas, 2019 IL App (5th) 180588, ¶¶ 15-19 ). 14 ¶ 34 As to forum non conveniens, we cannot say that the trial court abused its discretion in finding that the public and private interest factors did not indicate a strong favorability toward Washington County over St.

2021Accordingly, the circuit court’s decision to deny the defendants’ motion to transfer the cause to Madison County was not an abuse of discretion. ¶ 21 In their petition for rehearing, the defendants argue that, in affirming the circuit court’s decision in this case, this court overlooked our recent decision in Shaw, 2019 IL App (5th) 180588 .

2013Gridley, 217 Ill. 2d at 169-70 ; Vinson, 144 Ill. 2d at 310 .

2006Gridley v. State Farm Mutual Automobile Insurance Co., 217 Ill. 2d 158, 170 (2005); Guerine, 198 Ill. 2d at 517; Peile, 163 Ill. 2d at 337 ; Cook v. General Electric Co., 146 Ill. 2d 548, 557 (1992).

2013Gulf Oil, 330 U.S. at 508-09 ; Vinson, 144 Ill. 2d at 311 . ¶ 17 In determining whether the doctrine of forum non conveniens applies, the circuit court must balance the public and private interest factors.

2013Gridley, 217 Ill. 2d at 169-70 ; Vinson, 144 Ill. 2d at 310 .

2005Co., 333 Ill.

2005Co., 333 Ill.App.3d 947, 950 , 267 Ill.Dec. 196 , 776 N.E.2d 333, 336 (2002).

1995In addition to balancing the private and public interest factors, a court ruling upon a forum non conveniens motion must also consider the plaintiff’s substantial right to choose the forum in which to bring his action: "A plaintiff is given the right to select the forum, and unless the public and private interest factors strongly weigh in favor of transfer, a plaintiffs choice of forum will rarely be disturbed. [Citation.] Less deference is given, however, where the plaintiff is not a resident of the chosen forum. [Citation.]” (Kwasniewski v. Schaid, 153 Ill. 2d at 553 , 607 N.E.2d at 216 ; ac

1995In addition to balancing the private and public interest factors, a court ruling upon a forum non conveniens motion must also consider the plaintiff’s substantial right to choose the forum in which to bring his action: "A plaintiff is given the right to select the forum, and unless the public and private interest factors strongly weigh in favor of transfer, a plaintiffs choice of forum will rarely be disturbed. [Citation.] Less deference is given, however, where the plaintiff is not a resident of the chosen forum. [Citation.]” (Kwasniewski v. Schaid, 153 Ill. 2d at 553 , 607 N.E.2d at 216 ; ac

2025See, e.g., Fennell, 2012 IL 113812, ¶¶ 24, 48-51, 74-75 (reversing and remanding with directions to dismiss the action in favor of sister state forum where the weight of the public and 25 No. 1-25-0028 private interest factors greatly favored dismissal and plaintiff’s choice of forum was entitled to little deference, over Justice Kilbride’s dissent that the case should be “remand[ed] to the trial court for a more thorough decision considering all forum non conveniens factors”); Monteagudo, 2023 IL App (1st) 220045, ¶¶ 56-58 (concluding the circuit court abused its discretion when it denied def

2025See, e.g., Fennell, 2012 IL 113812, ¶¶ 24, 48-51, 74-75 (reversing and remanding with directions to dismiss the action in favor of sister state forum where the weight of the public and 25 No. 1-25-0028 private interest factors greatly favored dismissal and plaintiff’s choice of forum was entitled to little deference, over Justice Kilbride’s dissent that the case should be “remand[ed] to the trial court for a more thorough decision considering all forum non conveniens factors”); Monteagudo, 2023 IL App (1st) 220045, ¶¶ 56-58 (concluding the circuit court abused its discretion when it denied def

2023Co., 86 Ill. 2d 111, 123 (1981)).” ’ ” Wylie v. Schaefer, 2021 IL App (5th) 200425, ¶ 14 (quoting Kuhn v. Nicol, 2020 IL App (5th) 190225, ¶ 11 , quoting Shaw v. Haas, 2019 IL App (5th) 180588, ¶¶ 15-19 ). 14 ¶ 34 As to forum non conveniens, we cannot say that the trial court abused its discretion in finding that the public and private interest factors did not indicate a strong favorability toward Washington County over St.

2023Co., 86 Ill. 2d 111, 123 (1981)).” ’ ” Wylie v. Schaefer, 2021 IL App (5th) 200425, ¶ 14 (quoting Kuhn v. Nicol, 2020 IL App (5th) 190225, ¶ 11 , quoting Shaw v. Haas, 2019 IL App (5th) 180588, ¶¶ 15-19 ). 14 ¶ 34 As to forum non conveniens, we cannot say that the trial court abused its discretion in finding that the public and private interest factors did not indicate a strong favorability toward Washington County over St.

2013That runs counter to the well- established legal proposition that when reviewing a decision on a motion to transfer for forum non conveniens, we must evaluate whether the circuit court “abused [its] discretion in weighing the relevant considerations.” (Emphasis added.) Meyers v. Bridgeport Machines Division of Textron, Inc., 113 Ill. 2d 112, 118 (1986) (citing Piper Aircraft Co. v. Reyno, 454 U.S. 235, 257 (1981)); see also Fennell, 2012 IL 113812, ¶ 21 ; Dawdy, 207 Ill. 2d at 177. ¶ 26 Although it would be beneficial to remand the matter to the circuit court with instructions to provide its a