United States: Proposed Illinois Law Would Ban Intrastate Forum Non Conveniens, Likely Increasing Forum Shopping

Madison County, Ill. (February 28, 2020) - On February 13, 2020, Madison County, Illinois-area representative Jay Hoffman (D-Belleville) sponsored House Bill 5044, which would abolish the doctrine of intrastate forum non conveniens. The doctrine of intrastate forum non conveniens addresses which county is the most convenient forum, while the doctrine of interstate forum non conveniens relates to which state is the most appropriate forum.

Under current Illinois law, the doctrine of intrastate forum non conveniens exists in order to promote fairness in the litigation process. Torres v. Walsh, 98 Ill. 2d 338, 350-51 (1983). Illinois courts have the authority to transfer cases within the state where it appears that there is another forum with proper jurisdiction over the parties and subject matter, and which is more convenient and may better serve the interests of justice.

Currently, 735 ILCS 5/2-108 reads as follows:

Place of trial. All actions shall be tried in the county in which they are commenced, except as otherwise provided by law.

735 ILCS 5/2-108.

The proposed text of the new law states as follows:

House Bill 5044

Place of trial. All actions shall be tried in the county in which they are commenced, unless a statute specifically requires transfer to a different county. The doctrine of intrastate forum non conveniens is abolished.

If the proposed bill is passed, forum shopping by the plaintiffs' bar in Illinois will likely increase, resulting in plaintiffs filing a high volume of cases in the counties that are perceived as more plaintiff-friendly, such as Madison, St. Clair, and Cook counties.

The Illinois Association of Defense Trial Counsel opposes the bill and asserts that, "The passage of House Bill 5044 would likely flood the courts of Cook, Madison, and St. Clair counties with filings of cases with little or no connection to those jurisdictions and concomitantly, the appellate courts that serve those circuits."

Lewis Brisbois will continue to monitor this legislation and will provide an update if it is signed into law.

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