Richardson v. Husain

Summary

The Illinois Appellate Court, Fifth District, affirmed the St. Clair County circuit court’s denial of defendants’ motions to transfer a medical malpractice action to Madison County under the doctrine of forum non conveniens. The court held that the plaintiff, who had moved to St. Clair County, voluntarily dismissed the original action, and refiled there, was entitled to substantial deference as a resident plaintiff. It further concluded that the public and private interest factors did not strongly favor transfer.

Holdings

1. A plaintiff who moved to the chosen Illinois county, resides and works there, voluntarily dismissed the earlier action, and refiled in the county of current residence is entitled to substantial deference in choosing that forum, particularly where the original action was never transferred on forum non conveniens grounds.
2. The circuit court did not abuse its discretion in finding that defendants failed to show that the private and public interest factors strongly favored transfer to Madison County.
3. Forum shopping is not an independent factor in the Illinois forum non conveniens analysis, although forum shopping is generally disfavored.

Questions Presented

1. Whether a plaintiff who voluntarily dismisses an action previously filed in another Illinois county and refiles in the county where she now resides is entitled to substantial deference in choosing the new forum.
2. Whether the circuit court abused its discretion by denying defendants' motions to transfer the medical-malpractice action from St. Clair County to Madison County under forum non conveniens.
3. Whether alleged forum shopping is an independent factor in the Illinois forum non conveniens analysis.

Disposition

affirmed