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But Even An Indiana Resident Can File an Asbestos Suit in Madison County

01 Feb 2002

In contrast, where the trial court considered the various factors relevant to forum non conveniens, a motion to transfer may be denied. Because of the nature of asbestos litigation, such controversies are not connected to any one county, and a plaintiff™s right to choose a forum is substantial. It should rarely be disturbed in the absence of evidence carrying the movant™s burden of proof that another forum will be more convenient ” so said the same panel of the Fifth District which rendered the above decision in Burns, supra, two weeks later. Dykstra v. A.P. Green Industries, Inc., 760 N.E.2d 1034, 260 Ill.Dec. 261 (Dec. 11, 2001).

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