Illinois Court Affirms Forum Non Conveniens in the Age of Virtual Litigation

Illinois Court Affirms Forum Non Conveniens in the Age of Virtual Litigation

According to an article by Esquire Deposition Solutions, in Adamian v. Balash, the Illinois Appellate Court addressed the application of the forum non conveniens doctrine in an era of remote depositions and virtual hearings.

The case background centers on a medical malpractice claim involving injuries suffered by the plaintiffs’ infant during childbirth at a hospital in DuPage County. The plaintiffs, who resided in Kane County, filed their lawsuit in Cook County—where one of the doctors lived, and the healthcare group that owns the hospital operated—an option permitted under Illinois rules. 

However, the defendants sought a transfer to DuPage County, where the alleged malpractice occurred, citing the inconvenience of litigating in Cook County. They argued for a transfer based on the forum non conveniens doctrine, which allows courts to shift cases to more appropriate forums for fairness and judicial efficiency, especially when the selected forum lacks a significant connection to the dispute. 

The Appellate Court ruled that modern virtual technologies do not render forum non conveniens obsolete, reversing the trial court’s decision to keep the case in Cook County. While acknowledging that virtual technologies ease certain aspects of litigation, such as depositions and hearings, the Court emphasized that public interest factors remain crucial in forum selection. 

The Court determined that the case should be transferred to DuPage County, where the incident occurred, to serve the interests of local adjudication and alleviate Cook County’s already congested docket. The Court reasoned that the public’s interest in resolving local controversies locally outweighed any convenience benefits provided by remote technology.

For law firms, this case underscores that while virtual tools are reshaping litigation, they do not eliminate traditional forum considerations. Forum non conveniens remains a viable defense, and public interest factors will hold significant weight, even in the digital age.