forum non conveniens doctrine in Illinois

2026Although forum shopping is disfavored whether it is engaged in by the plaintiff or the defendant (Guerine, 198 Ill. 2d at 521), a court may not consider this practice of “forum shopping” in a forum non conveniens analysis.

2026We granted the petition and now address the parties’ arguments. ¶6 The equitable doctrine of forum non conveniens “allows a trial court to decline jurisdiction in the exceptional case where trial in another forum with proper jurisdiction and venue ‘would better serve the ends of justice.’ ” First American Bank v. Guerine, 198 Ill. 2d 511 , 515 (2002) (quoting Vinson v. Allstate, 144 Ill. 2d 306, 310 (1991)).

2025We therefore grant the appellee’s motion and take notice of the information contained in the Illinois Secretary of State’s website on appeal, as it falls within the category of readily verifiable matters. ¶ 19 This court has repeatedly set forth that the relevant standards for our review of an order regarding a motion to transfer a cause based on the doctrine of forum non conveniens are, as follows: “A trial court’s decision on a forum non conveniens motion will be reversed only if it can be shown that the trial court abused its discretion in balancing the various factors at issue.” Gridley v.

2025ANALYSIS ¶ 14 This court has repeatedly set forth that the relevant standards for our review of an order regarding a motion to transfer a cause based on the doctrine of forum non conveniens are, as follows: “A trial court’s decision on a forum non conveniens motion will be reversed only if it can be shown that the trial court abused its discretion in balancing the various factors at issue.” Gridley v. State Farm Mutual Automobile Insurance Co., 217 Ill. 2d 158, 169 (2005).

2025“An additional consideration under the forum non conveniens doctrine is deference to the plaintiff’s choice of forum.” Id. at 173 . ¶ 22 A. Deference Due to Plaintiff’s Choice of Venue ¶ 23 In evaluating this case, the first question we must answer is how much deference we must afford to the appellee’s choice of which forum she wishes to litigate her case.

2025“An additional consideration under the forum non conveniens doctrine is deference to the plaintiff’s choice of forum.” Id. at 173 . 6 ¶ 17 On appeal, Safe & Fair raises three main claims of error.

2025An abuse of discretion occurs “only where no reasonable person would take the view adopted by the *** court.” Id. ¶ 22 Our supreme court has stated that the forum non conveniens doctrine “should be -7- exercised only in exceptional circumstances when the interests of justice require a trial in a more convenient forum.” (Emphasis in original.) Id.

2025An abuse of discretion occurs “only where no reasonable person would take the view adopted by the *** court.” Id. ¶ 22 Our supreme court has stated that the forum non conveniens doctrine “should be -7- exercised only in exceptional circumstances when the interests of justice require a trial in a more convenient forum.” (Emphasis in original.) Id.

2026We granted the petition and now address the parties’ arguments. ¶6 The equitable doctrine of forum non conveniens “allows a trial court to decline jurisdiction in the exceptional case where trial in another forum with proper jurisdiction and venue ‘would better serve the ends of justice.’ ” First American Bank v. Guerine, 198 Ill. 2d 511 , 515 (2002) (quoting Vinson v. Allstate, 144 Ill. 2d 306, 310 (1991)).

2025This doctrine allows a trial court to decline jurisdiction when trial in another forum “would better serve the ends of justice.” Vinson, 144 Ill. 2d at 310 . ¶ 18 To determine whether to grant a party’s motion to transfer venue under the doctrine of forum non conveniens, courts examine the private interest factors, which relate to the convenience of the litigants and the practicalities of conducting the trial, as well as the public interest factors, which concern the efficient administration of justice and the connection of the 7 litigation to the forum.

2026In Bland, the supreme court stated that a plaintiff can “easily frustrate the forum non conveniens principle by selecting as a witness a treating physician or expert in *** an inconvenient forum.” Bland, 116 Ill. 2d at 227 .

2024Co., 116 Ill. 2d 217, 227 (1987), for the proposition that a plaintiff can “easily frustrate the forum non conveniens principle by selecting as a witness a treating physician or expert in *** an inconvenient forum.” The plaintiff in Bland was injured while working for the defendant’s railroad and argued against transfer of the case, based in part on the fact that two of his five treating physicians were located in his preferred forum.

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).

2024A court with personal and subject-matter jurisdiction may decline to hear a case under the forum non conveniens doctrine when trial in another forum “would be more convenient and would better serve the ends of justice.” Vinson v. Allstate, 144 Ill. 2d 306, 310 (1991); see also Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 507 (1947) (“The principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even when jurisdiction is authorized by the letter of a general venue statute.”).

2023A court with personal and subject-matter jurisdiction may decline to hear a case under the forum non conveniens doctrine when trial in another forum “would be more convenient and would better serve the ends of justice.” Vinson v. Allstate, 144 Ill. 2d 306, 310 (1991); see Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 507 (1947) (“The principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even when jurisdiction is authorized by the letter of a general venue statute.”).

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.

2025Id. (quoting Taylor v. Lemans Corp., 2013 IL App (1st) 130033, ¶ 16 ). ¶ 36 Another consideration under the forum non conveniens doctrine is “deference to the plaintiff’s chosen forum.

2013We find no abuse of discretion by the trial court in denying defendants’ motion. ¶ 15 The doctrine of forum non conveniens “ ‘was designed to give the courts “discretionary power which should be exercised only in exceptional circumstances when it has been shown that the interests of justice require a trial in a more convenient forum.” ’ ” (Emphasis in original.) First American Bank v. Guerine, 198 Ill. 2d 511 , 520 (2002) (quoting Peile v. Skelgas, Inc., 163 Ill. 2d 323, 335 (1994), quoting Torres v. Walsh, 98 Ill. 2d 338, 346 (1983)).

2010The rationale underlying the doctrine of forum non conveniens “is as valid on an intrastate [basis] as it is on an interstate basis.” Torres v. Walsh, 98 Ill. 2d 338, 350 (1983).

2021Griffith v. Mitsubishi Aircraft International, Inc., 136 Ill. 2d 101, 106 (1990); Peile, 163 Ill. 2d at 337-38 . ¶ 21 As an initial matter, the trial court noted “[t]he plaintiff’s choice of forum is afforded some deference but not as much as it would have been ha[d] she resided in Illinois.” Thus, the trial court properly took account of nonresident Doe’s chosen forum, contrary to Hyatt’s claims. ¶ 22 Hyatt suggests filing in Illinois constituted strategic “forum shopping.” Whether true, “courts may not consider this practice in a forum non conveniens analysis.” Dawdy, 207 Ill. 2d at 175 .

2013We find no abuse of discretion by the trial court in denying defendants’ motion. ¶ 15 The doctrine of forum non conveniens “ ‘was designed to give the courts “discretionary power which should be exercised only in exceptional circumstances when it has been shown that the interests of justice require a trial in a more convenient forum.” ’ ” (Emphasis in original.) First American Bank v. Guerine, 198 Ill. 2d 511 , 520 (2002) (quoting Peile v. Skelgas, Inc., 163 Ill. 2d 323, 335 (1994), quoting Torres v. Walsh, 98 Ill. 2d 338, 346 (1983)).

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

2024It has also cautioned that “ ‘[i]f 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.’ ” Bland, 116 Ill. 2d at 227 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 249-50 (1981)).

2006Ultimately, this court reversed the judgment of the circuit court on the ground that under the doctrine of forum non conveniens, it was more appropriate to try the entire suit in Montgomery County. -10- See Cook, 146 Ill. 2d at 556-60 .

2003Gulf Oil, 330 U.S. at 508-09 , 67 S.Ct. at 843 , 91 L.Ed. at 1062-63 ; see Cook, 146 Ill.2d at 557 , 167 Ill.Dec. 957 , 588 N.E.2d 1087 ; Vinson, 144 Ill.2d at 311 , 162 Ill.Dec. 43 , 579 N.E.2d 857 . *694 An additional consideration under the forum non conveniens doctrine is deference to the plaintiff's choice of forum.

1990Stat.1987, ch. 110, pars. 2-104, 2-106, 2-619(a)(1).) Also, under the common law doctrine of forum non conveniens, an Illinois circuit court has authority to transfer a cause to the circuit court of another county within the State. ( Torres v. Walsh (1983), 98 Ill.2d 338, 347-51 , 74 Ill.Dec. 880 , 456 N.E.2d 601 .) This doctrine assumes that at least two proper forums exist in which the defendant is amenable to jurisdiction, *473 and invokes principles of convenience and fairness in choosing among two or more forums that have jurisdiction. ( Foster v. Chicago & North Western Transportation Co

1990Stat.1987, ch. 110, pars. 2-104, 2-106, 2-619(a)(1).) Also, under the common law doctrine of forum non conveniens, an Illinois circuit court has authority to transfer a cause to the circuit court of another county within the State. ( Torres v. Walsh (1983), 98 Ill.2d 338, 347-51 , 74 Ill.Dec. 880 , 456 N.E.2d 601 .) This doctrine assumes that at least two proper forums exist in which the defendant is amenable to jurisdiction, *473 and invokes principles of convenience and fairness in choosing among two or more forums that have jurisdiction. ( Foster v. Chicago & North Western Transportation Co

2014See Brummett, 111 Ill. 2d at 499-500 . ¶ 69 Additionally, the fact that State Farm has its principal place of business in Illinois is important not just for the private-interest component of the forum non conveniens analysis.

2014See Brummett, 111 Ill. 2d at 499-500 . ¶ 69 Additionally, the fact that State Farm has its principal place of business in Illinois is important not just for the private-interest component of the forum non conveniens analysis.

2020Id. ¶ 17 Another consideration under the forum non conveniens doctrine is deference to the plaintiff’s choice of forum.

2019Spiegelman v. Victory Memorial Hospital, 392 Ill. App. 3d 826, 844 (2009) (observing ‘the close proximity of Lake County to Cook County’); Huffman v. Inland Oil & Transport Co., 98 Ill. App. 3d 1010, 1018 (1981) (‘arguments regarding convenience to the parties and the witnesses [are] of little merit where the Missouri forum suggested by defendant was only 15 miles from the chosen forum’).” Susman, 2015 IL App (1st) 142789, ¶ 31 . ¶ 57 Second, while little weight should be accorded to the location of the movant’s attorney on a forum non conveniens motion, “a court may still consider it in the f

2025Our job is not to ascertain what weight we would have given the relevant factors, but to assess “whether the trial court’s balancing of the factors exceeded the bounds of reasonable disagreement.” Adamian, 2024 IL App (1st) 231876, ¶ 11 . ¶ 17 Applying the forum non conveniens factors to the instant case, we conclude that the circuit court did not abuse its discretion where the record does not support defendants’ claim that the trial court failed to properly consider or apply the relevant factors. ¶ 18 A. Plaintiff’s Choice of Forum ¶ 19 Prior to weighing the relevant private and public intere

2019App. 3d 1010 , 1018 [ 54 Ill.Dec. 306 , 424 N.E.2d 1209 ] (1981) ('arguments regarding convenience to the parties and the witnesses [are] of little merit where the Missouri forum suggested by defendant was only 15 miles from the chosen forum')." Susman , 2015 IL App (1st) 142789 , ¶ 31, 391 Ill.Dec. 352 , 30 N.E.3d 622 . ¶ 57 Second, while little weight should be accorded to the location of the movant's attorney on a forum non conveniens motion, "a court may still consider it in the forum non conveniens analysis." Vivas , 392 Ill.

2025Jones, 93 Ill. 2d at 377 . ¶ 61 Instead, under a forum non conveniens analysis, courts are to consider the relative convenience of a forum and connection of the controversy.

2021This would “cast doubt upon the continued vitality of the forum non conveniens doctrine” because “any time there [wa]s a ‘relevant connection’ between the forum and the litigation, defendant would be subject to suit in that forum regardless of the inconvenience.” Id. (quoting Jones, 93 Ill. 2d at 377 ).

2021Instead, “the inquiry in a forum non conveniens analysis requires a court to look -8- beyond the statutory criteria for venue and to determine the relative convenience of competing forums.” Bruce v. Atadero, 405 Ill. App. 3d 318, 325 (2010).

2020Instead, “the inquiry in a forum non conveniens analysis requires a court to look beyond the statutory criteria for venue and to determine the relative convenience of competing forums.” Bruce v. Atadero, 405 Ill.

2009While plaintiffs argue that the need to apply another state's law is not dispositive to the forum non conveniens analysis, Gridley held that the need to apply another state's law is a "significant factor favoring dismissal of a suit on grounds of forum non conveniens." Gridley, 217 Ill.2d at 175 , 298 Ill.Dec. 499 , 840 N.E.2d 269 ; Moore, 99 Ill.2d at 80 , 75 Ill.Dec. 423 , 457 N.E.2d 417 ; Eads, 365 Ill.App.3d at 30 , 301 Ill.Dec. 591 , 847 N.E.2d 601 .

2009While plaintiffs argue that the need to apply another state’s law is not dispositive to the forum non conveniens analysis, Gridley held that the need to apply another state’s law is a “significant factor favoring dismissal of a suit on grounds of forum non conveniens.” Gridley, 217 Ill. 2d at 175 ; Moore, 99 Ill. 2d at 80 ; Eads, 365 Ill.

2019In Washington v. Illinois Power Co., 144 Ill. 2d 395 (1991), the Illinois Supreme Court held a 30-mile drive between adjacent counties should be factored into the forum non conveniens analysis.

2018In Washington v. Illinois Power Co. , 144 Ill. 2d 395 , 163 Ill.Dec. 490 , 581 N.E.2d 644 (1991) the Illinois Supreme Court held *397 *246 a 30-mile drive between adjacent counties should be factored into the forum non conveniens analysis.

2005This is particularly troublesome in light of the fact that defendants must conduct some discovery before they can determine whether a motion based on the forum non conveniens doctrine is appropriate." Bell , 106 Ill. 2d at 151 (Moran, J., specially concurring). 4: In Kemner , the court did note that Rule 187 would be effective August 1, 1986.

2005Examining the timeliness of the defendants' motions, the Bell court reiterated that the animus for the creation of the forum non conveniens doctrine – equity – was " founded in considerations of fundamental fairness and sensible and effective judicial administration. " Bell , 106 Ill. 2d at 146 , quoting Adkins v. Chicago Rock Island & Pacific R.R.