Appellate Court of Illinois

In an action brought under the Missouri Merchandising Practices Act, upon rehearing the order of the circuit court is reversed and the matter remanded with directions to dismiss this action where the balance of factors strongly favors a dismissal of the case in favor of a Missouri forum and the circuit court abused its discretion in denying defendant's motion to dismiss based upon forum non conveniens. If the plaintiff elects to file the action in another forum within six months of the dismissal, the defendant shall accept the service of process and shall waive a statute-of-limitations defense in the other forum, and the cause of action will be reinstated for further proceedings in the circuit court of Madison County should the defendant refuse to abide by these conditions. (6/22/07 Opinion Withdrawn)

Appellate Information

• Decided 09/21/2007
• Published 09/26/2007

Judges

Court

• Appellate Court of Illinois

Counsel