An Illinois appeals court has reversed a trial court determination that Illinois would not be an inconvenient forum for the defendants in a wrongful death lawsuit filed by the parents of a 15-year-old boy who allegedly drank two cans of the alcohol energy drink Four Loko and was killed on a Virginia highway after becoming disoriented. Rupp v. Phusion Projects, LLC, No. 1-12-2056 (Ill. App. Ct., order entered September 27, 2013) (not precedential). Additional information about the lawsuit appears in Issue 395 of this Update. According to the appeals court, while the trial court correctly weighed most of the private-interest factors presented, it should have considered the defendant’s choice-of-law issue under the public-interest factor analysis. The appeals court also found that the trial court erred in stating that other defendants had not joined Phusion’s forum non conveniens motion, because the record showed that they had done so. And finally, the court determined that the parties’ motions to take judicial notice of related lawsuits subsequently filed in Illinois, Virginia and other jurisdictions were not before the trial court and must be considered on remand.
- Checklist Checklist: Considerations prior to issuing court proceedings (UK) Recently updated
- How-to guide How-to guide: The legal framework for resolving disputes in England and Wales (UK) Recently updated
- How-to guide How-to guide: How to avoid liability for defective products in supply of goods agreements (USA)