Successful Forum Non Conveniens Motion Dismisses All Illinois Claims against Two Georgia Defendants

Attorneys: Giese, Douglas C.

January 29, 2014

Prior results reported do not guarantee similar outcomes.

Douglas Giese was successful on a Motion to Dismiss a Breach of Contract lawsuit based upon the theory of forum non conveniens. 

 

Plaintiff, a business which provides commercial insurance premium financing services and maintains a business presence in Cook County, Illinois, filed suit against two defendants, both of whom were residents of Georgia.  The complaint alleged that Illinois was the proper forum to resolve the business dispute based on the fact that payments were made by the Georgia defendants to plaintiff’s office located in Cook County, Illinois.

 

The Motion to Dismiss argued that with the exception of plaintiff, all other parties named in the lawsuit or involved in the transaction were located in Georgia, including the co-defendants, the insurance company which provided coverage for commercial property, as well as the property covered by the policy.  Georgia has more of an interest in deciding this controversy.  Further, since plaintiff had previously filed a complaint with the State of Georgia’s Office of Insurance and Safety Fire Commissioner raising the same issues contained in its Illinois complaint, plaintiff had not only submitted itself to the jurisdiction of the State of Georgia, it has surrendered jurisdiction of the case over to the State of Georgia. 

 

In defense of the motion, plaintiff stated that it regularly and routinely filed suit in Illinois against out-of-State defendants under the same theory, and that since, to date, no court had dismissed a complaint, that plaintiff’s choice of forum must be granted deference. 

 

The court rejected plaintiffs' arguments, granted the Motion to Dismiss based on the arguments presented, and specifically held that payments made by Georgia residents to a business located in Illinois was insufficient to create a significant factual relationship to Cook County, or even the State of Illinois.

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