There’s No Place Like Home—Unless You Live Next Door: Venue and Forum in Litigation

The First District’s decision in Malloy v. DuPage Gynecology highlights the difficulty defendants face in challenging venue and forum in Illinois. Even where all parties, treatment, and alleged injury were centered in DuPage County, the courts strictly applied venue rules and denied transfer to Cook County’s neighboring forum. The case underscores the importance of timely motions and detailed, affidavit-supported evidence when seeking relief on venue or forum non conveniens grounds.

The Personal Representative of a Disabled Individual Will Now Reap the Benefit of a Longer Statute of Limitations

Illinois law tolls statutes of limitation for disabled plaintiffs, but confusion arises when the injured person dies before filing suit. In Zayed v. Clark Manor, the Illinois Appellate Court held that a decedent’s personal representative may benefit from the same disability tolling the decedent enjoyed, rejecting earlier precedent as unfair. The conflicting interpretations leave the issue unsettled and likely headed for Supreme Court review.