Foley Mansfield Wins Forum Non Conveniens Motion in Cook County

A Foley Mansfield team consisting of Chicago Office Managing Partner Demetra Arapakis Christos and Attorney Jessica Espinoza successfully argued a forum transfer on behalf of their client in an alleged legal malpractice suit.

The plaintiff, who previously resided in Peoria County but currently resides in Cook County, alleged professional negligence arising out of defendants’ representation of the plaintiff in a civil rights action litigated in the U.S. District Court for the Central District of Illinois, Peoria Division.

In response to Foley Mansfield’s forum non conveniens motion, the plaintiff argued that deference should be given to the Plaintiff’s choice of forum and residency. He further argued that he was receiving medical treatment in Cook County and that two discovery depositions in his underlying suit occurred there. FM Attorneys Christos and Espinoza argued that while a plaintiff’s choice of forum is a significant factor and afforded deference in usual circumstances, it is not the only factor courts must consider. They argued that the court must balance both public and private interests which include:

• Convenience of the parties, relative ease of access to sources of testimonial, documentary, and real evidence, and all other practical problems that make trial of a case easy, expeditious and inexpensive; and
• The interest in deciding controversies locally, the unfairness of imposing trial expense and the burden of jury duty on the residents of a forum that has little connection to the litigation, and the administrative difficulties presented by adding litigation to an already congested court docket.

In their argument, Christos and Espinoza successfully demonstrated that the relevant and key facts, witnesses and alleged conduct were centered in Peoria County. Moreover, all defendants resided and practiced in Peoria. After complete briefing and hearing on oral argument, the court granted transfer to Peoria, with Plaintiff to bear the costs.

The transfer from Cook County to Peoria County on the grounds of forum non conveniens underscores the importance of procedural motion practice and how it can materially shape the trajectory of a suit. Further, early case assessment and a thorough understanding of jurisdiction composition and verdict history is imperative in defending a matter and seeking proper transfer when appropriate.

Demetra Arapakis Christos, a commercial and civil litigator with more than twenty years of experience, is the Managing Partner of Foley Mansfield’s Chicago office. Her areas of focus include toxic tort litigation, employment disputes, professional liability, complex coverage matters, and construction defect. She can be reached at dchristos@foleymansfield.com.

Jessica Espinoza guides her clients through the complex matters which arise in the course of business, particularly those involving general liability issues including premises liability, motor vehicle liability, condominium liability, and construction defect cases. She can be reached at jespinoza@foleymansfield.com.