Denial of Motion to Dismiss on Forum Grounds Affirmed by Appellate Court

MT. VERNON, Ill. -- An Illinois appellate court has affirmed a ruling keeping Illinois as the forum in which a man's asbestos claims can proceed, finding that the defendant had failed to prove that it would be inconvenienced by the location. Fennell v. Illinois Central Railroad Co., No. 5-10-0504 (Ill. 5th Dist. Ct. App.).

In the Jan. 3 ruling, the Illinois 5th Circuit Court of Appeals emphasized several times that the defendant instead had demonstrated that the plaintiff would be inconvenienced by allowing the claims to remain in the state.

"It is the defendant's burden to show that both …