Susman v. North Star Trust Co.
30 N.E.3d 622
Ill. App. Ct.2015Background
- Robert M. Susman (plaintiff) sued North Star Trust Co. (defendant) for breach of fiduciary duty arising from trustee deeds that conveyed Lake County real property to the executor of his deceased brother’s estate.
- The land at issue and the original deed are located and recorded in Lake County; the challengedd conveyances occurred in 2009.
- Defendant moved under forum non conveniens (Ill. S. Ct. R. 187) to transfer the case from Cook County to Lake County; the trial court granted the intrastate transfer.
- Plaintiff sought interlocutory appellate review under Ill. S. Ct. R. 306; this court granted leave.
- The appeal challenges the transfer, arguing improper deference to forum non conveniens factors and complaining about outstanding discovery and last‑minute trial-court motions being unresolved before transfer.
- The appellate court reviewed for abuse of discretion and affirmed the transfer, finding private and public factors favored Lake County (site of the property and deed), and noting proximity of the counties and manageable discovery enforcement across counties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly transferred the case under forum non conveniens | Susman argued transfer was improper because defendant's witnesses/documents are in Cook County, discovery was incomplete, and the court should have considered last‑minute motions first | North Star argued the land, deed, and primary local interest are in Lake County; discovery can be compelled across counties and Lake County is the more appropriate local forum | Transfer affirmed — no abuse of discretion; private factors neutral or manageable and public factors (local interest, docket congestion) favored Lake County |
| Proper standard of review for forum non conveniens order | Susman urged de novo review because no evidentiary hearing occurred | North Star and court applied abuse of discretion standard from precedent | Abuse of discretion applies; appellate court will only reverse if no reasonable person would adopt the trial court’s view |
| Weight to give plaintiff’s choice of forum (foreign forum) | Susman argued his choice of Cook County deserved substantial deference despite not residing there | North Star noted plaintiff lives in Waukegan (Lake County) so his choice of Cook County deserves less deference | Court gave plaintiff’s foreign‑forum choice some deference but reduced weight because plaintiff is a nonresident of the chosen forum |
| Whether unresolved discovery and late motions required denial of transfer | Susman contended unresolved discovery and pending motions (amendment, strike) meant transfer was premature | North Star argued plaintiff waived the discovery argument by not raising it below and the last‑minute motions lacked authority/support | Court held these arguments waived or unsupported; failure to raise below or cite authority forfeited relief |
Key Cases Cited
- Langenhorst v. Norfolk Southern Ry. Co., 219 Ill. 2d 430 (court has broad discretion on forum non conveniens; must balance private and public factors)
- Dawdy v. Union Pacific R.R. Co., 207 Ill. 2d 167 (plaintiff’s forum choice normally entitled to deference; review of forum non conveniens under abuse of discretion)
- Vinson v. Allstate, 144 Ill. 2d 306 (forum non conveniens allows declining jurisdiction when another forum better serves ends of justice)
- First American Bank v. Guerine, 198 Ill. 2d 511 (less deference to plaintiff’s forum choice when plaintiff is foreign to chosen forum)
- Glass v. DOT Transportation, Inc., 393 Ill. App. 3d 829 (appellate discussion of deference to foreign‑forum plaintiff and intrastate transfer considerations)
- Vivas v. The Boeing Co., 392 Ill. App. 3d 644 (abuse‑of‑discretion framing and modern view on documentary accessibility reducing weight of document location as a factor)