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A Case of Forum Non Conveniens: Nursing Home Operator Can Move Case Out of Cook County.

June 11, 2018

The First District Appellate Court recently ruled in favor of a nursing home operator, allowing the company to transfer its case on forum non conveniens grounds from Cook County to St. Clair County, where the nursing home is located.  Initially, the Appellate Court refused to hear the case, but Johnson & Bell appealed to the Illinois Supreme Court on behalf of its nursing home client.  The Illinois Supreme Court issued a Supervisory Order directing the Appellate Court to hear the case and get to the merits.  In the underlying case, the nursing home operator is defending itself in a lawsuit  alleging wrongful death of one of its residents.  The company sought a change of venue on forum non conveniens grounds, but the trial court had ruled in favor of keeping the case in Cook County.  On appeal, Johnson & Bell argued that the plaintiff in the underlying case did not reside in Cook County, the alleged incidents occurred in St. Clair County, the decedent had resided in St. Clair County, and the other relevant private and public interest factors favored a transfer of the suit to St. Clair County. The Appellate Court agreed and ruled in favor of Johnson & Bell’s client.  Johnson & Bell Shareholder, Lynn M. Reid, represents the nursing home operator in the underlying matter.  Johnson & Bell Shareholder, Garrett L. Boehm, Jr., represented the nursing home operator during the appeal process.

Related Items:

Reid Secures Defense Verdict for Nursing Home

Macksey, Boehm Secure Appellate Win

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Clients rely on Johnson & Bell to defend their interests in court.  Since 1975, we have developed a reputation for providing legal counsel that accomplishes our clients’ business objectives. Building on a track record of success handling major catastrophic personal injury cases, Johnson & Bell continues to represent numerous clients across a broad array of business concerns.  We work with clients to mediate, settle or litigate their business issues.  In addition, our lawyers represent clients in a wide range of commercial transactions and commercial litigation in both State and Federal court, locally and throughout the country.

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