The Illinois Supreme Court on Forum: Was Yesterday's Gridley Decision Really All That Dramatic?

"Supreme Court slams forum shopping," said one headline about yesterday's Gridley decision. But the case really wasn't all that dramatic. The term "forum shopping" doesn't even appear in the opinion.

Gridley began when a plaintiff from Louisiana brought a putative nationwide class action against State Farm in an Illinois state court. Though itself a resident of Illinois, State Farm filed a motion to dismiss based on forum non conveniens. Its motion was denied. In Gridley, the Illinois Supreme Court ruled that the denial was in error: because most of the events occurred in Louisiana, Louisiana was a more convenient forum for the action. Even if State Farm's principal place of business was in Illinois, that was only "one factor to be considered" in the forum non conveniens analysis.

In ruling against the plaintiff, the Supreme Court said it was unimportant whether the class, if certified, might include Illinois residents. Prior to a ruling on class certification, the residence of unnamed class members is irrelevant to the forum non conveniens issue. While the Gridley decision will come in handy for defendants facing an Illinois class action by an out-of-state plaintiff, such cases are rare. Based on my own experience, it is almost always true that at least one of the named plaintiffs resides in the forum county. That's why I don't think the Gridley decision is as dramatic as some newspapers want you to believe.

Comments

[Chris M]

I read the Gridley opinion when it came out and I think you're right – it really wasn’t all that bad. I actually found myself agreeing with Thomas on the forum issue, and I, like yourself, am a Madison/St.Clair County plaintiffs lawyer.

What scares is the constant tone and demeanor from the court, and the notion after the 5th Dist. S. Ct. seat election that something needs to be fixed in Madison County. It’s also scary that big business’ PR campaign is working – individuals are being convinced that there is such a tort crisis that people are signing away their rights. As just an example of how much money is being spent on the other side, did you see how many amicus curiae briefs were filed for the defeandant compared to the plaintiff in Gridley? It must have been 8 to 1. The U.S. Chamber of Commerce is the worst of the bunch.

I could go on, but I’m sure I’m preaching to the choir. I enjoy the blogs and podcasts.

Chris