The following letter to the editor by ITLA President Sara M. Salger was published in the Chicago Daily Law Bulletin on November 14, 2024.
Intrastate forum non conveniens is outdated
By Sara M. Salger
Sara M. Salger is the president of the Illinois Trial Lawyers Association.
A recent column by Patrick Eckler (“How dispute over venue could open floodgates to litigation,” Oct. 24) paints plaintiffs as shameless forum shoppers who open “floodgates” to more litigation. However, when the defendant successfully moves to transfer a case — most often to an adjoining county — it’s called “convenience,” not forum shopping.
Eckler brings up Piasa Armory LLC v. Raoul, a case where the plaintiff is challenging the constitutionality of 735 ILCS 5/2-101.5, which limits plaintiffs’ forum choice for actions against the State and which explicitly bars application of the forum non conveniens doctrine.