Challenges In Cook County With Pursuing Rule 187 Motions to Transfer Pursuant to the Doctrine of Forum Non Conveniens

There are several challenges defense attorney’s face when pursuing a Forum Non Conveniens Motion, particularly in Cook County. When ruling on a motion to transfer pursuant to Forum Non Conveniens, a Court balances several public interest and private interest factors.  It is ultimately the Defendant’s burden to show that Plaintiff’s chosen forum is inconvenient to the Defendant and that another forum is more convenient. The Plaintiff’s choice of forum should rarely be disturbed unless the balance of factors strongly favor a Defendant’s choice of forum. Additionally, Defendants are barred from arguing that a plaintiff’s chosen forum is inconvenient to the plaintiff, but they do have the burden of showing that it is inconvenient to the Defendant. Ultimately, the private and public factors, when considered as a whole, must strongly favor a transfer of venue for the motion to be granted, and this standard is often difficult for Defendants to meet.

For example, the following is a recent Order from Cook County wherein a judge addressed the myriad factors of an FNC motion, and despite the facts of the instant case strongly supporting such a motion, denied the motion.   Ponce FNC Order (10-3-22).pdf