Tom Burke and Dave LaPorte were successful on a motion to dismiss a double death and serious personal-injury case based upon forum non conveniens. The accident occurred in Wisconsin and the plaintiffs were citizens of Wisconsin. They filed suit in Cook County against our client, a large national trucking company, and its driver to try to avoid Wisconsin's damage caps.
The plaintiffs argued that Cook County was a convenient forum since:
The judge rejected the plaintiffs' argument based upon the large number of Wisconsin-based witnesses, the fact that Wisconsin law would apply, and numerous other factors in granting our motion.
