Motion to Dismiss For Lack of Personal Jurisdiction in Illinois

What Is a Motion to Dismiss For Lack of Personal Jurisdiction?

Importance of Motion to Dismiss for Lack of Personal Jurisdiction

“Personal jurisdiction is the authority of the court ‘to bring a person into its adjudicative process.’” (In re M. W. (2009) 232 Ill.2d 408, 415 [internal citations omitted].) “The plaintiff has the burden of establishing a prima facie basis to exercise personal jurisdiction over a nonresident defendant.” (Aspen American Insurance Co. v. Interstate Warehousing, Inc.,2017 IL 121281, ¶ 12.)

Procedural Steps and Key Elements for a Motion to Dismiss For Lack of Personal Jurisdiction

Statutory Scheme for Personal Jurisdiction

“The exercise of personal jurisdiction over a nonresident defendant is governed by the Illinois long-arm statute, section 2-209 of the Code of Civil Procedure [735 ILCS 5/2-209 (West 2018)].) Subsection (a) provides different actions by a defendant that will subject him or her to Illinois jurisdiction, including ‘[t]he commission of a tortious act within this State.’” (Lusk v. The Unckrich Corp., 2021 Ill. App. 5th 200368, 5 [Ill. App. Ct. 2021] quoting and citing § 2-209(a)(2).)

“Additionally, subsection (c) provides that ‘[a] court may also exercise jurisdiction on any other basis now or hereafter permitted by the Illinois Constitution and the Constitution of the United States.’” (Lusk v. The Unckrich Corp., 2021 Ill. App. 5th 200368, 5 [Ill. App. Ct. 2021] quoting and citing § 2-209(c).)

“Thus, ‘Illinois courts may assert personal jurisdiction over a nonresident defendant only if the assertion comports with section 2-209 of the Code [735 ILCS 5/2-209 (West 2010)] ... and with the due process guarantees of both the Illinois and the United States Constitutions.’” (Lusk v. The Unckrich Corp., 2021 Ill. App. 5th 200368, 5 [Ill. App. Ct. 2021] quoting and citing Cori v. Schlafly, 2021 IL App (5th) 200246, ¶ 20 quoting Aasonn, LLC v. Delaney, 2011 IL App (2d) 101125, ¶ 11.)

Minimum Contacts Test

“The Illinois Supreme Court ‘recognizes the ‘minimum contacts’ test as the threshold issue in any personal jurisdiction challenge in Illinois. [...] In turn, the relevant inquiry into whether the minimum contacts test has been satisfied depends on what category of personal jurisdiction is being sought- either general or specific.’” (Lusk v. The Unckrich Corp., 2021 Ill. App. 5th 200368, 6 [internal citations omitted].)

Burden of Proof Requirements for Lack of Personal Jurisdiction

“When a circuit court decides a jurisdictional matter on documentary evidence alone, the appellate court reviews the decision de novo. (Lusk v. The Unckrich Corp., 2021 Ill. App. 5th 200368, 4-5 [Ill. App. Ct. 2021] citing In re M. W. (2009) 232 Ill.2d 408, 415.) “On review, any conflicts in the pleadings and supporting affidavits will be resolved in the plaintiffs favor, but uncontradicted evidence offered by the defendant may defeat jurisdiction.” (Id.)

“‘Where a trial court does not have personal jurisdiction over a party, any order or judgment entered against that party is void and subject to direct or collateral attack at any time.’” (Higgins v. Richards (2010) 401 Ill. App. 3d 1120, 1127 citing Howard v. Missouri Bone Joint Center, Inc. (2007) 373 Ill. App. 3d 738, 740.)

Recent Cases and Precedents Influencing Lack of Personal Jurisdiction Motion Decisions

“The essential inquiry on appeal is whether the plaintiff has met this burden.” (Professional Group Travel, Ltd. v. Professional Seminar Consultants, Inc. (1985) 136 Ill. App. 3d 1084, 1089 citing Kutner v. DeMassa (1981) 96 Ill. App.3d 243, 247.)

“In considering a challenge to its personal jurisdiction, a court may review and weigh affidavits, and ‘such conflicts as do exist in the affidavits and pleadings must be resolved in plaintiff's favor for purposes of determining whether a prima facie case for in personam jurisdiction has been established.’” (Professional Group Travel, Ltd. v. Professional Seminar Consultants, Inc. (1985) 136 Ill. App. 3d 1084, 1089 citing citing Kutner, supra, 96 Ill. App.3d 243, 247-48.)

“However, where well-alleged facts within an affidavit are not contradicted by counter-affidavits, they must be taken as true notwithstanding the existence of contrary averments in the adverse party's pleadings.” (Professional Group Travel, Ltd. v. Professional Seminar Consultants, Inc. (1985) 136 Ill. App. 3d 1084, 1089 citing Kutner v. DeMassa (1981) 96 Ill. App.3d 243; Central Clearing, Inc. v. Omega Industries, Inc. (1976) 42 Ill. App.3d 1025, 1028.)

Documents for Motion to Dismiss For Lack of Personal Jurisdiction in Illinois

preview-icon 94 pages

Hearing Date: 5/16/2023 9:30 AM - 9:35 AM Location: < Judge: Calendar, N FILED 5/1/2023 11:07 AM IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

County

Cook County, IL

Filed Date

May 01, 2023

Category

Professional Malpractice - Jury

preview-icon 75 pages

128992 E-FILED NO 128992 12/28/2022 12 48 PM CYNTHIA A GRANT. IN THE SUPREME COURT OF ILLINOIS SUPREME COURT CLERK GWENDOLYN CULVERSON, ) ) Plaintiff, ) ) v ) Cook County Case No 2022-L-10287 ) Madison County Case No 2021-L-000915 BOEHRINGER INGELHEIM ) . PHARMACEUTICALS, ) INC etal, . : ) FILED Defendants ) JAN 0.4 2022 DEFENDANTS’ RESPONSE IN OPPOSITION TOyais y, RTINEZ PLAINTIFF’S MOTION FOR REMAND TO MADISON CORSUERSEGU couRT Barely two months ago, Plaintrff Gwendolyn Culverson and her

County

Cook County, IL

Filed Date

Jan 04, 2023

Category

Product Liabilty - Jury

Judge Hon. Trevino, Daniel A Trellis Spinner 👉 Discover key insights by exploring more analytics for Trevino, Daniel A
preview-icon 16 pages

Hearing Date: No hearing scheduled Location: < Judge: Calendar, 11 FILED 5/9/2022 12:01 PM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL FILED DATE: 5/9/2022 12:01 PM 2020CH04353

County

Cook County, IL

Filed Date

May 09, 2022

Category

General Chancery

preview-icon 5 pages

Hearing Date: No hearing scheduled Location: < Judge: Calendar, 11 FILED 5/9/2022 12:01 PM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL FILED DATE: 5/9/2022 12:01 PM 2020CH04353

County

Cook County, IL

Filed Date

May 09, 2022

Category

General Chancery

preview-icon 5 pages

Hearing Date: No hearing scheduled Location: < Judge: Calendar, 11 FILED 5/9/2022 12:01 PM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL FILED DATE: 5/9/2022 12:01 PM 2020CH04353

County

Cook County, IL

Filed Date

May 09, 2022

Category

General Chancery

preview-icon 13 pages

FILED 17360039 Hearing Date: No hearing scheduled Location: < Judge: Calendar, Z IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS IRIS Y. MARTINEZ CIRCU

County

Cook County, IL

Filed Date

Apr 04, 2022

Category

Product Liabilty - Jury

Judge

Karen L. O’Malley

preview-icon 78 pages

Hearing Date: No hearing scheduled FILED 3/22/2022 1:19 PM IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS IRIS Y. MARTINEZ

County

Cook County, IL

Filed Date

Mar 22, 2022

Category

Foreign Judgment - Outside Illinois

Judge Hon. Patrick J. Heneghan Trellis Spinner 👉 Discover key insights by exploring more analytics for Patrick J. Heneghan
preview-icon 16 pages

ELECTRONICALLY FILED 8/14/20 45 PM 2017-L-005242 CALENDAR: B PAGE 1 of 16

County

Cook County, IL

Filed Date

Aug 14, 2017

Category

Other Personal Injury / Wrongful Death - Jury

Judge Hon. Marcia Maras Trellis Spinner 👉 Discover key insights by exploring more analytics for Marcia Maras

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